When VCAT starts a case – Land valuation
The initiating order sets out the key dates and tells you what each party needs to do by what date.
Applications for review of a decision on the valuation of land
The initiating order provides information about:
- the required information depending on whether or not the applicant is represented by a valuer
- what we require of the Valuation Authority.
If you are the valuation authority
The initiating order requires the Valuation Authority to provide a range of information. The information we require should be provided using PNPE2 - Table 18 Applications under section 22(1) of the Valuation of Land Act 1960.
The role of the Valuer General
VCAT notifies the Valuer General of applications for review under Section 22(1) of the Valuation of Land Act 1960. We serve documents on the Valuer General including a copy of the application and attachments, other material filed with VCAT and a copy of the initiating order.
The Valuer General must advise VCAT about whether they wish to intervene in the proceeding and if they will do so as a party. The Valuer General may intervene at any time in a proceeding prior to the matter being resolved or determined.
If the Valuer General is joined as a party to the proceeding by VCAT, the Valuer General may make an application at any time to be removed as a party.
Applications for compensation on acquisition of an interest in land
There are two parties in this type of case. The initiating order provides details of what the applicant and the claimant must do.
Applications for review of differential rating
The initiating order provides details of what the applicant and the Relevant Authority must do, including documents they must serve on the other party and file with VCAT. Both parties must exchange information. The initiating order provides details of the information that must be exchanged.
Directions hearings in land valuation cases
In land valuation cases VCAT may schedule two directions hearings.
Initial directions hearing
At the initial directions hearing, VCAT will, if relevant:
- consider the future conduct of the proceeding. This may include a consideration of dates, duration and whether the matter should be referred to a compulsory conference
- consider whether any procedural directions are required for the provision or exchange of information or documents prior to a compulsory conference or hearing, including any expert reports
- explain the requirements for exchange of information before the hearing and the obligations of parties
- clarify the correct email address and address for service of the valuation authority to ensure that correspondence and orders reach the appropriate officer within the valuation authority
- consider whether to join the Valuer General as a party to the proceeding under section 60(1) of the Victorian Civil and Administrative Tribunal Act 1998
- make any other procedural orders.
Parties should attend the directions hearing with:
- all information relevant to the proceeding
- if any party is seeking directions, a copy of the orders or directions sought
- a draft of terms of settlement, if the matter is likely to be settled by consent on the day.
Second directions hearing
If the proceeding is not fully resolved at the compulsory conference, we list the proceeding for a second directions hearing approximately two weeks after the compulsory conference.
At the second directions hearing VCAT will, if relevant:
- consider the future conduct of the proceeding, including fixing date and duration of the final hearing, and setting out a procedural timetable for filing and exchange of material before the hearing
- make procedural orders to be complied with before the hearing in accordance with VCAT Practice Note PNPE5 – Valuation and Compensation Matters
- in exceptional circumstances, give consideration to whether a further compulsory conference is required
- make other orders as appropriate.
Practice day hearings
In a practice day hearing a VCAT member makes decisions about who can be part of the case, how the dispute should be managed and how much time it will take.
Consent orders - planning disputes
If you are involved in a planning dispute you can ask for a consent order to confirm an agreement between you and the other parties.
How VCAT makes decisions in Planning cases
Understand how we come to a decision when we hear a planning case at VCAT.