Valuation objection appeals process

These pages describe appeals that may be made to the Land and Environment Court concerning the valuation of land. In NSW, a valuer-general is appointed under the Valuation of Land Act 1916  to value land.

A person who is dissatisfied with the valuer-general’s determination may bring their objection to the NSW Land and Environment Court. The Land and Environment Court can hear and finalise appeals under s 37(1) of the Valuation of Land Act 1916 .

Appeals of this kind are allocated to Class 3 of the Court’s jurisdiction.These pages outline:

  • appeals that can be made in this class
  • who has rights of appeal
  • when the appeal must be made
  • how to file an appeal
  • what to expect during the process of the appeal.

Practice and procedure

The Court has published a formal document that sets out the process and requirements for a valuation objection appeal.  This is called the Practice Note – Class 3 Valuation Objections (DOC , 1.0 MB). The Practice Note explains the steps that need to be undertaken before the first directions hearing, at the first directions hearing, at the second directions hearing, before and at the final hearing, and the opportunities for conciliation, mediation and other means of resolving the proceedings without a hearing.

Process

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An appeal can only be made by a person who is entitled to appeal under s 37(1) of the Valuation of Land Act  This Act says that the person must be:

  • entitled under Part 3 of the Valuation of Land Act to object to a valuation
  • dissatisfied with the Valuer-General’s determination of any such objection to the valuation concerned (whether or not the person was the objector).

If the person wishes to appeal on the ground that the objection is taken to have been disallowed under s 35C(4) of the Valuation of Land Act, the person must first give the Valuer-General written notice of the person’s intention to appeal on that ground at least 14 days before making the appeal (see s 37(2) of the Valuation of Land Act).

An appeal is to be made not later than 60 days after the date of issue of the notice of the Valuer-General’s determination of the objection ( s 38(1) of the Valuation of Land Act). However, the person may apply to the Land and Environment Court for leave, and the Court may allow the person, to appeal after the 60 day period ( s 38(2) of the Valuation of Land Act).

Steps

Helpful materials:

For links to useful Court information and documents, legislation and case studies relating to valuation objection appeals, see: Helpful materials.

Valuation objection appeals
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Last updated:

17 Dec 2020

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