Victorian Consolidated Legislation

Valuation of Land Act 1960 - SECT 26

Costs

26. Costs



(1) On a review or appeal, VCAT or the Court (as the case requires) may make
an order as to the payment of costs, or no order as to the payment of costs,
as it thinks appropriate.

(2) In determining any questions concerning costs, VCAT or the Court must take
into consideration the following factors, as appropriate-

   (a)  the desirability of minimising the overall level of legal and
        valuation costs;

   (b)  any offer, whether or not made without prejudice, by a party in
        respect of the valuation;

   (c)  the extent of any adjustment to the valuation made by VCAT or the
        Court;

   (d)  the degree of openness in sharing information between the parties-

   (i)  during the objection process; and

   (ii) during the review or appeal;

   (e)  any unreasonable conduct on the part of any party-

   (i)  during the objection process; or

   (ii) during the review or appeal;

   (f)  the failure of a party to give adequate information or supply
        supporting material when permitted or required to do so;

   (g)  an excessively low value stated by the objector under section 24(2) or
        an excessively high value contended by the rating authority, valuer or
        valuer-general (as the case requires).

(3) The Court may make an order with respect to the assessment of costs in the
same manner as it may in respect of any other matter before the Court.

Note Section 111 of the Victorian Civil and Administrative Tribunal Act 1998
provides for the assessment of costs in VCAT proceedings.