Victorian Numbered Acts Victorian Numbered ActsFor Division 4 of Part III of the Principal Act substitute —
(1) An objector who is dissatisfied with the decision of a valuer or the valuer-general on the objection may apply to VCAT for review of the decision.
(2) If the valuer for a rating authority has not given an objector notice of a decision on the objection or a copy of a recommendation under section 21(3)(b)(ii) within 4 months after the objection was lodged with the rating authority, the valuer is deemed to have made a decision that no adjustment in the valuation is justified.
(3) If the valuer-general has not given an objector notice of a decision under section 21(5) within 2 months after a copy of a recommendation was given to the objector under section 21(3)(b)(ii), the valuer-general is deemed to have made a decision disallowing the recommended adjustment.
(4) An application under this section must be made—
(a) in the case of an application in respect of a deemed decision referred to in sub-section (2)—within 9 months after the date on which the objection was lodged with the rating authority;
(b) in the case of an application in respect of a deemed decision referred to in sub-section (3)—at any time after the end of the 2 month period referred to in that sub-section;
(c) in any other case—within 30 days after the date notice of the decision is given to the objector.
(5) An applicant under this section must serve a copy of the application on the rating authority.
(6) The rating authority must, within 1 month after being served with a copy of the application, forward to the principal registrar of VCAT the notice of objection and copies of any notices given under section 21 in connection with the objection.
(7) The principal registrar of VCAT must notify the valuer-general of an application under this section.
(8) Nothing in sub-section (2) or (3) prevents the valuer or the valuer-general (as the case requires) from making a decision on an objection after the end of the period referred to in the relevant sub-section.
(1) The President of VCAT, on his or her own initiative or on the application of a party, may refer a matter that is the subject of an application under section 22 to the Supreme Court to be treated as an appeal to the Supreme Court if the President is satisfied that the matter raises questions of unusual difficulty or of general importance.
(2) The principal registrar of VCAT must notify the valuer-general of a referral to the Supreme Court under sub-section (1).
(3) In addition to sub-section (1), a matter that is or could be the subject of an application under section 22 may be treated as an appeal to the Supreme Court if, on the application of any party, the Court is satisfied that the matter raises questions of unusual difficulty or of general importance.
(4) For the purposes of sub-section (3), a "party" includes a person who would be a party if the matter were the subject of an application under section 22.
(5) The prothonotary must notify the valuer-general of an application to the Supreme Court under sub-section (3).
(6) Nothing in this section limits the application of section 77 of the Victorian Civil and Administrative Tribunal Act 1998 .
Note: Section 77 of the Victorian Civil and Administrative Tribunal Act 1998 permits VCAT to refer a matter to a more appropriate forum.
(1) On a review or appeal the objector's case is limited to—
(a) the grounds of the objection; and
(b) any other grounds set out in the application for review or appeal—
unless VCAT or the Court (as the case requires) otherwise orders.
(2) If a ground for the objection or application is that the value assigned is too high or too low, the application for review or appeal (as the case requires) must state the amount that the objector contends is the correct value.
(1) On a review or appeal, VCAT or the Court (as the case requires) may—
(a) by order, confirm, increase, reduce or otherwise amend any valuation; and
(b) make any other order it thinks fit.
(2) An appeal to the Court of Appeal from an order of the Court under this section lies only on a question of law.
Note: Section 148 of the Victorian Civil and Administrative Tribunal Act 1998 provides for appeals on a question of law from orders of VCAT.
(1) On a review or appeal, VCAT or the Court (as the case requires) may make an order as to the payment of costs, or no order as to the payment of costs, as it thinks appropriate.
(2) In determining any questions concerning costs, VCAT or the Court must take into consideration the following factors, as appropriate—
(a) the desirability of minimising the overall level of legal and valuation costs;
(b) any offer, whether or not made without prejudice, by a party in respect of the valuation;
(c) the extent of any adjustment to the valuation made by VCAT or the Court;
(d) the degree of openness in sharing information between the parties—
(i) during the objection process; and
(ii) during the review or appeal;
(e) any unreasonable conduct on the part of any party—
(i) during the objection process; or
(ii) during the review or appeal;
(f) the failure of a party to give adequate information or supply supporting material when permitted or required to do so;
(g) an excessively low value stated by the objector under section 24(2) or an excessively high value contended by the rating authority, valuer or valuer-general (as the case requires).
(3) The Court may make an order with respect to the assessment of costs in the same manner as it may in respect of any other matter before the Court.
Note: Section 111 of the Victorian Civil and Administrative Tribunal Act 1998 provides for the assessment of costs in VCAT proceedings.
(1) This section applies if the owner and the occupier of land separately apply for review or appeal in respect of the same assessment of value.
(2) If this section applies, VCAT or the Court (as the case requires) must not award the owner or occupier any costs in respect of the proceeding unless VCAT or the Court is satisfied—
(a) if the applicant is the owner, that—
(i) the owner, before applying for review or appeal, requested the occupier to join in the proceeding; and
(ii) the occupier refused or failed to do so; or
(b) if the applicant is the occupier, that—
(i) the occupier, before applying for review or appeal, requested the owner to join in the proceeding; and
(ii) the owner refused or failed to do so.
(3) If the party bringing the proceeding satisfies VCAT or the Court as set out in sub-section (2), the owner or occupier refusing or failing to join the proceedings must pay the costs of that person's own application.'.