Review of differential rating
You can apply to VCAT if you are an owner or occupier of land and you are affected by a decision of a council to classify or not classify land as of a particular type.
Make this application for review under section 183 of the Local Government Act 1989.
The provisions of Part III of the Valuation of Land Act 1960 apply to a review under this section with any necessary modifications.
Review of a classification of land
If you are an owner or occupier of land and you are affected by a decision of a council to classify or not classify land as of a particular type you can apply to VCAT. Make these applications under section 183 of the Local Government Act 1989.
Before you apply
You need to have a copy of the first rate notice received with the classification for differential rates that the applicant disputes.
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
VCAT can hear applications for review of a classification for differential rating.
Cases VCAT cannot hear
We cannot hear disputes relating to the definition adopted by a council for a differential rating category.
When VCAT receives the 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. Read more about what happens when VCAT opens a case.
Sometimes cases will be referred directly to a hearing directions to a directions hearing. In some cases we may schedule a compulsory conference at an initial directions hearing.
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 normally give a decision within six weeks of the last hearing date. The VCAT member may 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.