Beginners Guide

Beginners Guide to Covenant Law (Part Two)

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Process for a s84 application to vary or remove a restrictive covenant. Ordinarily, s84(1)(c) provides the broadest scope to modify or remove a covenant where discretion and is the only ground required. Property Law Act ss84(1)(a) and (c): The Court shall have power … to discharge or modify any such restriction (subject or not to the payment by the applicant of compensation to any person suffering loss in consequence of the order) upon being satisfied: • that by reason of … Continued

Beginners Guide to Covenant Law (Part One)

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Important concepts about restrictive covenants Covenants can vary in coverage • You must provide the Court with evidence about who enjoys the benefit and the burden of the covenant through a colour coded cadastral plan obtained from a professional title searching service along with the essential circumstances of the application. • Sometimes only one lot is burdened and one lot benefits. Sometimes there may be many lots burdened and many lots benefiting. • In new housing estates it is common … Continued

Beginners Guide to Compulsory Acquisition (Part Two)

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  Compulsory Acquisition Hearings: There is a long standing practice of conducting conferences between valuers (Valuers Conference) initially if there is a dispute where the valuers for opposing parties meet at an early stage in the process to discuss their opinions and the evidence upon which those opinions are based. Valuers will often arrive at an opinion of value based on a particular piece of sales evidence which may have escaped the attention of an opposing valuer. The valuers’ conferences … Continued

Beginners Guide to Compulsory Acquisition (Part One)

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  General Overview: Federal, state and local authorities may acquire land for a range of public purposes. This process is referred to as Compulsory Acquisition. Under the provisions of the Land Acquisition and Compensation Act 1986, land required for a public purpose can be acquired/resumed by government departments and agencies. This can be done either compulsorily or by negotiation. Those affected include land owners, tenants, businesses, licence holders and mortgagees. Compulsory acquisition is legislated for under Section 51(xxxi) of the … Continued

Beginners Guide to Retail Lease Disputes

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  Retail Lease: Retail Tenancies core jurisdiction is enabled by section 81 and 89 of the Retail Leases Act 2003. Retail Leases Act 2003 is the mechanisms available to resolve disputes concerning leases of retail premises and promote greater certainty, fairness and clarity in the commercial relationship between landlords and tenants of retail premises. Retail Tenancy disputes are basically disputes between landlord and tenants under or in respect of retail premises leases. A retail tenancy dispute as defined in the … Continued

Beginners Guide to Real Property

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The Real Property disputes relate to real estate and property and enables the VCAT jurisdiction within the following legislation: Australian Consumer Law and Fair Trading Act 2012; Estate Agents Act 1980; Owners Corporations Act 2006; Property Law Act 1958; Sale of Land Act 1962; Water Act 1989. Real property disputes include the following: The amount of commissions or outgoings charged by an estate agent; Subdivisions but not related to planning or environmental issues; Disputes about owners corporations which are related … Continued

Beginners Guide to Civil and Consumer Law

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The Civil Claims List handles consumer and trader disputes, as well as goods or services disputes. These can involve goods and services that are valued from less than $500 to over $1 million. This list is under the umbrella of the Civil Division at VCAT and hears proceedings that have been brought under the Australian Consumer Law (Consumer Law). These proceedings are closer in nature to a court-based contractual or commercial case than other proceedings in VCAT. The Civil Claims … Continued

Beginners Guide to VCAT (Part Three)

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VCAT Legal Costs: VCAT was set up to be a no cost/low cost jurisdiction. Costs in VCAT are generally regulated by s.109 of the VCAT Act. Section 109(1) provides that, except as set out, each party is to bear its own costs in the proceeding but that VCAT has power to award costs at any time. VCAT also has power to make an award against a representative of the party rather than the parties themselves if it believes the representative … Continued

Beginners Guide to VCAT (Part Two)

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Commencing Proceedings at VCAT Procedures for commencing an application varies from list to list. Each list has its own application form prescribed by the rules all of which are available from VCAT or the VCAT website. An application fee is payable on commencement of most applications. Natural Justice and Consumer Rights at VCAT: As a general rule representatives are not required to stand up in a Tribunal room. Members are called madam or sir, or senior member or Deputy President, … Continued

Beginners Guide to VCAT (Part One)

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VCAT: General Overview: The Victorian Civil and Administrative Tribunal (VCAT) was created by the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (the VCAT Act). VCAT was modelled on the Federal Administrative Appeals Tribunal; but is now bigger than that tribunal and is being examined as a model for other states. A ‘one-stop shop’ for the handling a range of disputes VCAT is the merger of 15 boards and tribunals; most notably the Administrative Appeals Tribunal, Small Claims Tribunal, Domestic … Continued