Determination of a Disputed Claim for Compensation

Determination of a disputed claim for compensation

Making an application

Information that must accompany your application

You must include the following material with your application form:

• Details of the Act and the section of the Act under which the application is made

• Details of the land

• Details of the disputed claim

If your application is incomplete and you do not include all the material and information required, plus payment of the fee, your application may be rejected or struck out.

What will happen after you lodge your application?

After you lodge your application for review, the Tribunal may allocate a preliminary directions hearing or list the matter for a compulsory conference. In some cases, the Tribunal may also allocate a hearing date to hear the application with or without a compulsory conference.

The Tribunal will issue an initiating order setting out the dates with the relevant listings (that is, listing of direction hearings, compulsory conference, hearing as applicable) and giving directions about steps that you and other parties to the proceeding must comply with. The initiating order will set dates by which each step must be completed. Your application will not progress until your application is complete.

The Tribunal relies on the accuracy of the information you provide with your application to calculate the length of time required for relevant listings including, where applicable, a hearing. If you believe that time allocated is insufficient or too much, please advise the Tribunal in writingas soon as possible after receiving the initiating order.

Details of Applicant(s)

The Applicant is the:

Claimant (i.e. the person seeking compensation)

Acquiring Authority, Licensee or other person liable to pay compensation

Name of Applicant(s)

Address and Contact Details of Applicant(s)

All correspondence will be sent to the applicant(s) at this address or email, unless the ‘Details of Representative’ section is completed, in which case all correspondence will be sent to the representative address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for service must be a Victorian address – VCAT Rules 2008 Order 4.08.

Address for service

Details of Representative (Applicant)

Address for service

Details of Respondent

The Respondent is the:

Claimant (i.e. the person seeking compensation)

Acquiring Authority, Licensee or other person liable to pay compensation

Name of Respondent

Address and Contact Details of Respondent

All correspondence will be sent to the respondent at this address or email, unless the ‘Details of Representative’ section is completed, in which case all correspondence will be sent to the representative address or email. Complete only one section. DO NOT COMPLETE BOTH SECTIONS. Address for service must be a Victorian address – VCAT Rules 2008 Order 4.08.

Address for service

Details of Representative (Respondent)

Address for service

Statutory basis of the application

Please tick in which category you are making this application. If you are not seeking to review a decision in one of the following categories, do not use this form.

What type of disputed claim for compensation are you seeking to have determined?

Under section 80 of the Land Acquisition and Compensation Act 1986, in relation to the compulsory acquisition of an interest in land

Under section 88 of the Mineral Resources (Sustainable Development) Act 1990, as a consequence of the approval of a work plan or works under a mining licence

Under section 43 of the Flora and Fauna Guarantee Act 1988

Under section 67 of the Health Services Act 1988

Under section 154 of the Pipelines Act 2005

Under section 94(5) of the Planning and Environment Act 1987 in relation to an order to stop development or the amendment or cancellation of a permit

Under Part 5 of the Planning and Environment Act 1987 in relation to the reservation of land or restriction of access, a road closure or loss on sale

Information about the land to which the disputed claim applies

If there is no conventional address (street number, street and locality) insert a land description:

•Certificate of Title volume and folio;

•Lot and lodged plan number;

•Crown allotment; or

•Section number /Township/Parish.

Property Address of the land

Description of the land(Lot and plan number)

What is the claimant’sinterest in the land?

Please tick in which category you are making this application. More than one box may be ticked, if relevant

Owner of the land

Occupier of the land

Other (specify)

If the claimant is not the owner, who owns the land?

Name

Address

If the claimant is not the occupier, who occupies the land?

Name

Address

Details of the disputed claim

The information in this section should be completed in full for all applications under section 80 of the Land Acquisition and Compensation Act 1986. For other applications, complete as relevant.

The date the claim became a disputed claim

As at the date of this application:

The compensation offered is:

The claimants claim is for:

The amount in dispute is:

Attach further details as appropriate showing how these sums are made up or calculated. This should have regard to factors commonly relevant to the assessment of compensation, such as (1) the market value of the land or interest acquired, including improvements; (2) special value; (3) severance; (4) disturbance; (5) enhancement or depreciation in the value of adjoining or severed land; (6) legal, valuation and professional expenses; and (7) solatium – see for example Part 4 of the Land Acquisition and Compensation Act 1986. It is important to indicate whether the amount in dispute relates to the valuation of the claimant’s interest in the land or other compensation factors.

Where the value of the land is in dispute, a statement setting out the method and basis of that valuation.

If no claim has been made or offer received, please indicate the circumstances.

Are there any other relevant matters upon which the application for determination of a disputed claim is based?

Statement of facts

Set out a short statement of the facts you rely on to support the application.

(Attach a separate sheet if necessary):

Attachments

Attach the following documents to this application (as relevant). Tick and reference the attachments provided. Attach a separate schedule of attachments if necessary.

Note – For most applications, this information must be provided – see for example section 82 of the Land Acquisition and Compensation Act 1986and Victorian Civil and Administrative Tribunal Act 1998 Schedule 1 Part 13. To assist with the prompt processing of the application and to avoid any unnecessary request for further information, you should also attach copies of any other background material relevant to the claim.

Hearing time and complexity

Estimate the time it will take you to present your complete case at the hearing (submissions plus witnesses) and the number of expert witnesses you intend to call, if any.

Are you requesting a directions hearing?

YesNo

If yes, reason(s) required for a directions hearing?

Acknowledgement

I acknowledge that:

• To the best of my knowledge, all information provided in this application is true and correct and that no details relevant to the application have been left out.
• I approve the information that has been provided.
• It is an offence under section 136 of the Victorian Civil and Administrative Tribunal Act 1998 to knowingly give false or misleading information to VCAT.

Category of person completing this application:

Checklist

Before you lodge this application, make sure that:

You have filled out and dated the acknowledgement.

You have completed all details and responded to all questions.

All documents regarding fees (e.g. fee waiver documents, credit card form or cheque) are supplied with your application.

You have attached and properly referenced all of the attachments listed in this form.

Fees

You must pay the relevant application fee at the same time you lodge this form. Fees may change each year. To find out about the current fee, visit the VCAT website or call VCAT on 9628 9777.

Fees can be paid via money order, cheque, cash or credit card.

Money orders and cheques are to be made payable to ‘VCAT’. Cash payments will only be accepted if you are delivering this application in person to VCAT. Do not send cash in the mail. If faxing the application, you can only pay by credit card.

If you wish to pay the fee by credit card, please fill in the details on the last page.

Lodgement and Contact Information

Lodge this completed form, any attachments and the applicable fee by:

About VCAT Fees

VCAT fees are charged according to three levels:

• Corporate fees for businesses and companies with a turnover of more than $200,000 in the previous financial year, corporate entities and government agencies

• Standard fees for individuals, not-for-profit organisations, and small businesses and companies with a turnover of less than $200,000 in the previous financial year. Companies must provide a statutory declaration to support this claim

• Concession fees for people who hold the Australian Government Health Care Card. You must provide a copy of your card with your application

To find out if you need to pay an application fee and how much it costs, visit the fees page at vcat.vic.gov.au

Fee Relief

We can reduce or not charge (waive) a VCAT fee in certain circumstances.

Some people are automatically entitled to a full fee waiver. You can also apply for fee relief if paying the fee would cause you financial hardship.

Visit vcat.gov.au for more information about fee relief

Are you applying for fee relief?

No – complete Fee payment section

Yes – complete Fee relief form and attach it to this application form

Payment by Credit Card

If paying by credit card, fill in the details here.

Victorian Civil and Administrative Tribunal (VCAT)Page 1