VIC Grounds to Dispute Land Tax?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

DaleA76

Well-Known Member
25 September 2016
32
0
121
Hi,

Wondering if someone can please give me grounds to object to land valuation which has impacted my land tax I have to pay?

I received notice from SRO and the value has increased 3 times what it was last year, with no explanation given. I spoke to SRO and they told me that they rely on valuation from the council - I spoke to the council and they couldn't give me explanation about why the valuation had increased 3 times what it was last year.

I want to object to this and I am wondering if someone can give me information on some valid grounds to object.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
I spoke to the council and they couldn't give me explanation

Then try again. If no justification is given you haven't spoken to the correct person. Should also put your request in writing, SRO are not going to change anything because you tell them the council told you they made a mistake.

There is one easy explanation - rezoning. Could also be valuations have just been redone after 3-5 years.
 

DaleA76

Well-Known Member
25 September 2016
32
0
121
Then try again. If no justification is given you haven't spoken to the correct person. Should also put your request in writing, SRO are not going to change anything because you tell them the council told you they made a mistake.

There is one easy explanation - rezoning. Could also be valuations have just been redone after 3-5 years.
Thanks for reply.

The valuations occur every 2 years. The value this year is literally 3 times what it was 2 years ago, doesn't make sense. I also confirm there has been no rezoning or anything like that.

Can anyone tell me what are some valid grounds of objecting the valuation for these sorts of things?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
Can anyone tell me what are some valid grounds of objecting the valuation for these sorts of things??

There are possible grounds but without knowing the reason everyone is just guessing. Find out the reason then post back here if you think the reason is unfair in some way.
 

DaleA76

Well-Known Member
25 September 2016
32
0
121
There are possible grounds but without knowing the reason everyone is just guessing. Find out the reason then post back here if you think the reason is unfair in some way.
Yes but I would like to know typically what are some of the common grounds that people use to object to land valuations for this type of thing? Is there anything in the acts or anything?
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Have a look at s17 Valuation of Land Act (VIC) 1960 - The grounds of objection are set out in that section. Firstly, you could write to council (so that you have a response in writing) asking them to explain how the value in the land has tripled in 2 years. You could also say that you require a detailed response that refers to the Valuation Best Practice Guidelines in how they arrived at the figure that's three times the amount.

If unsatisfied and/or don't agree with their response refer to the above section (in addition to reading through the act and guidelines in general to get an idea on how things work) and lodge an objection via the council or SRO - This must be done within 60 days of the initial notice.

Following this - You could apply to VCAT or the court for review. Notwithstanding this process, you could also engage an independent sworn valuer to provide a valuation and forward this to council along with an 'offer' of lower value.
 
  • Like
Reactions: DaleA76

DaleA76

Well-Known Member
25 September 2016
32
0
121
Have a look at s17 Valuation of Land Act (VIC) 1960 - The grounds of objection are set out in that section. Firstly, you could write to council (so that you have a response in writing) asking them to explain how the value in the land has tripled in 2 years. You could also say that you require a detailed response that refers to the Valuation Best Practice Guidelines in how they arrived at the figure that's three times the amount.

If unsatisfied and/or don't agree with their response refer to the above section (in addition to reading through the act and guidelines in general to get an idea on how things work) and lodge an objection via the council or SRO - This must be done within 60 days of the initial notice.

Following this - You could apply to VCAT or the court for review. Notwithstanding this process, you could also engage an independent sworn valuer to provide a valuation and forward this to council along with an 'offer' of lower value.
Thank you!

Do you or anyone have any sample objection papers, just so I can see how its set out? Or is there any case laws that I can look up to see how court has decided these sorts of things? I would be very grateful.