Contracting as corporate trustee!!!!!!

Hi everyone,

I am in a potential double stamp duty position. Hope you can give me some help with it.

The situation is:

1. I have set up a fixed unit trust with a company trustee. I am the sole director of this company trustee. 

2. I signed a property as "my name as trustee for the my fixed unit trust". I had the impression that I could sign my name ATF the trust given that I'm the sole director.

3. A copy of contract was provided to my settlement agent. And, I made it clearly with settlement agent that the purchase was conducted under the trust.

4. Prior to make assessment of any potential risk and get my authority (I have not signed any documents with settlement agent), settlement agent lodge contract with the Office of State Revenue. And, the taxpayer and transferee were lodged under my name.

5. When I received the form of Appointment of Settlement Agent for Buyer with other documents from settlement agent, I realized the taxpayer and transferee were not trustee, company.

6. I contacted settlement agent immediately. She told me the contract had been lodged, the only way to cancel it with the Office of State Revenue was to require a reject letter from bank (it's 10 days to finance approval date). 

7. I contacted bank and being told the loan was almost approved (the loan I applied is under the name of the trust)

8. In order to get issued resolved, bank also contacted the Office of State Revenue. The advice received was it was not necessary to cancel the original contract as long as I can prove the facts listed above.

9. The reality is I have one week to go before the finance approval due. And, 28 days from finance approval is settlement due day. 

My concerns are:

1. if i submits a written submission to the Office of State Revenue and outlines how the error occurred, what kind of chance that double duty would be exempt. Would this the best way to this done.

2. Would the Office of State Revenue amend the taxpayer and transferee to the company trustee? Or, I have to sign another contract with seller and lodge it.

3. If the exemption request rejected, could I take any legal action against the settlement agent? (if the contact has not been lodged, bank is going to notice me that the purchaser's detail should be revised on the contract. And, seller agrees to refine the purchaser to company trustee).

Any helps would be highly appreciated!!

Thanks,

MichaelGG