VCAT

Beginners Guide to Covenant Law (Part One)

By

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)

By

  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)

By

  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

By

  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 Residential Tenancy Disputes

By

The Residential Tenancies List is VCAT’s busiest List, accounting for about 60 per cent of VCAT’s total caseload. Over 60,000 applications made to this List annually. It is a high-volume, fast throughput list where matters are often finalised within four weeks of the original application even earlier for matters such as urgent repairs, which can be resolved within days. Parties attending a Residential Tenancies hearing generally receive their decision on the same day as the hearing. The List handles disputes … Continued

Beginners Guide to Real Property

By

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 Planning and Environment

By

General Overview: ‘In the interests of its people a city must be planned with two objectives in view – that of conducting business in the most efficient manner, and that of conferring the greatest benefits to the greatest numbers.’ (Plan of General Development, Melbourne, Report of the Metropolitan Town Planning Commission, 1929. This year, VCAT’s budget for its Planning and Environment List (PE List) will be $8.1 million. Planning disputes are often difficult, controversial and sometimes intractable. They require considerable … Continued

Beginners Guide to Building and Construction (Part Two)  

By

  Building and Civil Application Process at VCAT: As with all VCAT Lists any Civil Division and Building and Property List proceeding no matter what amount will begin with an application form and can be completed online.     The application requires general details of the claim, who the parties are, a section for orders requested of the Tribunal, reasons for the application and under which Acts you make the claim. Proceedings in the Civil Claims Division are closer in … Continued

Beginners Guide to Building and Construction (Part One)

By

General Overview: Building disputes are separated into Commercial Building and Domestic Building disputes. In most building cases part, if not all, of the claim and the defence will arise out of the contract between the parties. For it is in the contract that most of the obligations of the parties will be found. The Building and Property List at VCAT hears Domestic and Commercial Building disputes while the County Court has a Commercial Building List. Building law concerns contracts which … Continued

Beginners Guide to VCAT (Part Three)

By

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