Stamp duty and other charges
Whilst stamp duty is the common duty parties seek an exemption from, s 90(1) does not only provide an exemption from stamp duty. It provides that certain agreements/orders are not subject to any duty or charge under any law of a State or Territory. This may include land titles office fees on a discharge of mortgage, withdrawal of caveat and/or registration of mortgage.
Practitioners need to be mindful when drafting orders to ensure their orders specify what is required: for example, whether a refinance is required, or whether a withdrawal of caveat is provided.