Request a review of your objection decision.
You can only request an appeal after lodging an objection.
If you disagree with our decision about your objection, you can request that we refer your case to the Victorian Civil and Administrative Tribunal (VCAT). VCAT is an independent body that can review the matter and either confirm or vary our decision.
You can request that we refer your case to VCAT within 60 days of receiving our decision on your objection. You can also request that we refer your case to VCAT if we have not made a determination within 90 days of receiving your objection (excluding any period of suspension).
VCAT powers
VCAT is independent. It can review your matter and confirm or vary the Commissioner’s decision.
You are responsible for proving your case. In presenting your case, you can only rely on the grounds you gave in your objection. If you want to add new reasons, you need consent from VCAT.
The same rules apply to the Commissioner. They can only use the grounds given for disallowing your objection, unless they also get consent to add new ones.
How to request a referral
To request a referral, send your written request:
- to the contact person (delegate of the Commissioner) on the notice of determination of your objection
- within 60 days after the date that the notice of determination is served on you.
Do not send your request directly to VCAT as it has no statutory power to accept an application directly from you.
This 60-day time limit is a strict statutory time limit set out in the First Home Owner Grant and Home Buyer Schemes Act 2000 and cannot be extended by the Commissioner or VCAT.
After we receive your request, we will refer your matter to VCAT and let you know when we have done this.
VCAT referrals
Costs
After the Commissioner refers your matter to VCAT, VCAT will ask you to pay a fee. You can check the full list of fees on the VCAT website.
If you are having financial trouble, you can ask VCAT for help. They might waive or reduce the fee, or allow you to pay the fee later.
If your hearing takes more than one day, you may also need to pay a fee for each extra day or part of a day.
If the application fee is not paid or waived, VCAT can refuse to review the matter. If you pay the fee later, you can then apply to VCAT for it to review the matter, but your application may not be automatically granted.
You and the Commissioner each pay your own costs. If you hire a lawyer or someone to represent you, you must pay those costs – even if you win. You will not have to pay the Commissioner’s costs if he is successful.
VCAT hearings
A VCAT hearing is usually less formal than a Supreme Court hearing. You must appear in person and can choose someone to represent you. If your representative is not a professional advocate, you will need VCAT’s permission.
Your hearing will be open to the public. Only in exceptional circumstances will VCAT agree to hold the hearing in private.
Disagreeing with VCAT’s decision
You may be able to ask the court for permission to appeal to the Supreme Court on a question of law. This is called seeking leave to appeal. The Commissioner may also seek leave to appeal to the Supreme Court on a question of law.
If permission to appeal is not granted, or you lose the appeal, you might have to pay legal costs. If so, you can seek assistance under the Appeal Costs Act 1998.
If your appeal is successful, the Supreme Court may order the Commissioner to pay your costs.
Read more about VCAT’s taxation decisions at the Australasian Legal Information Institute (AustLII).
