A recent Federal Court decision has held that the date when a supply of real property occurred was the date of settlement of the contract for sale and not the date of the contract for sale. This meant that in circumstances where the contract that was entered into before the GST provisions came into force but the settlement took place after that date, the supply of the real property was subject to GST. The reason for this was that the GST Transition Act stated that a supply of real property is made when the property is “made available” to the purchaser and real property could only be “made available” to the purchaser when settlement occurred.