BIM60440 - Land transactions: ICTA88/S776: Clearance applications: Motive tests

As BIM60325 makes clear, the application of ICTA88/S776 involves questions of fact relating to intention (ICTA88/S776 (2)(a) and (2)(c)).

You should examine carefully any statement of intention provided by the applicant-

• Is the statement consistent with the pattern of the applicant's (past or present) transactions?
• What circumstantial evidence is there to support the statement?