Review of a decision on the valuation of land
If you have objected to a valuation by a valuation authority and the valuation has been reviewed by the valuer or the Valuer-General, and you are still not satisfied with the valuation you may apply to VCAT to review that decision. The procedure for reviewing the decision by the valuation authority is set out in the Valuation of Land Act 1960. Make these applications under division 4 of part III of the Valuation of Land Act 1960.
Public open space
If you have objected to a valuation of land for public open space, and you are still not satisfied with the valuation you may apply to VCAT to review that decision. Make these applications under section 19(4) of the Subdivision Act 1988.
Disputes about fees, tariffs and valuations under the Water Act 1989
Authorities under the Water Act 1989 have powers to set tariffs and impose fees on serviced properties and unserviced properties in their districts. The authority may also impose a valuation equalisation if the relevant district covers more than one municipality and the municipal valuations were not all made in the same year. If you object to the calculation or application of a valuation equalisation factor, or to the fixing of different fees that are based on valuation, you may apply to VCAT for review. Make these applications under section 266(6) of the Water Act 1989.
Assessment of development value
If you have objected to the development value used in the calculation of a charge. Make these applications under section 51ZO(1) of the Urban Renewal Authority Victoria Act 2003.
Before you apply
The objection process under section 22(1) of the Valuation of Land Act 1960 must be followed before you can make an application for review to VCAT. Your right to apply for review arises from the decision of the Valuer or Valuer-General in relation to the objection to the valuation, not the original valuation by the valuation authority.
If you are applying because you believe a valuation is too high or too low, you must state in your application what you believe is the correct value. If there are other grounds of appeal, you must provide your grounds of review. You must also lodge supporting documents with the application form, including the name of any valuer, the amount of the valuation placed by that valuer on the land and the details of sales or rentals that the valuer relied on to reach the valuation. If this information is not supplied with the application form, we generally tell you to supply the information before any compulsory conference or hearing.
Need help with your application?
VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Find free or low-cost legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.
Legislation that applies to this type of case
Cases VCAT can hear
We can hear cases where an objection to the valuation authority has been lodged under:
- section 22 Valuation of Land Act 1960
- section 19(4) Subdivision Act 1988
- section 266(6) Water Act 1989
- section 51ZO(1) Urban Renewal Authority Victoria Act 2003
- section 5.7A.12 Education and Training Reform Act 2006.
When we receive your completed application we assign a reference number. We issue an initiating order that sets out the dates for any direction hearings, compulsory conference or final hearing. The initiating order also gives directions about steps that you and other parties must comply with and by what date. This may include an instruction that the parties must exchange a Statement of Contentions, and information that the valuation authority must file with VCAT. Read more about what happens when VCAT opens a case.
At VCAT we use compulsory conferences to allow the parties to work together towards a settlement.
When we list a matter for compulsory conference, the orders give dates for directions hearings and a compulsory conference. If the matter is not resolved at the compulsory conference, we schedule a hearing date at the directions hearing. The directions hearing is generally scheduled in the initiating orders for about two weeks after the compulsory conference.
Prior to a compulsory conference the parties must exchange certain information known as a Statement of Contentions.
The verbal communications within a compulsory conference are usually held in private unless the presiding member directs otherwise. However, the material filed with VCAT and served on other parties is not confidential unless a VCAT order specifically states that it is. Read more about resolving a case by agreement.
A VCAT member decides the case based on witness statements, the evidence witnesses give at the hearing and the documents presented. The member also takes into account any submissions the parties make. As soon as you receive the notice of hearing from us, start preparing for the hearing. Read more about how to prepare for your final hearing
The VCAT member may give their decision at the end of the hearing. If they need more time they usually give a decision within six weeks of the last hearing date. The VCAT member my give reasons for the decision verbally or in writing. If you want the reasons in writing, make the request within 14 days of the hearing date. Read more about what to expect after the final hearing.