Valuation objection appeals: how to start

STEP

DESCRIPTION

CHECK YOUR INFORMATION

Check that you are making the right appeal, and that you are making the appeal within the specified time limit.

ATTACH THE RIGHT DOCUMENTS

An appeal under s 37(1) of the Valuation of Land Act is allocated to Class 3 of the Court’s jurisdiction (by s 19(b) of the Land and Environment Court Act 1979).The appeal is to be commenced by a Class 3 Application ( Form B (version 2)).

The application is to attach the:

·       valuation notice

·       letter of objection

·       Valuer-General’s response to the objection.

CHECK THE FEE

 

There is a Court filing fee that has to be paid to the Court to commence the appeal.  The amount of the filing fee depends on the value of the land and whether the person appealing is a natural person or a corporation.  The range of filing fees is specified in the Schedule of Court fees.

FILE THE APPEAL

 

The appeal can be commenced by filing three copies of the completed Class 3 Application and paying the Court’s filing fee at the Court’s registry on Level 4, 225 Macquarie Street, Sydney or by posting three copies of the completed application and the filing fee to the Court at GPO Box 3565, Sydney, NSW   2001.  

In addition, all Local Courts throughout New South Wales act as agents for the Land and Environment Court.   Applications can be filed and the filing fee paid at any Local Court registry.   The Local Court registry staff will give a receipt for the payment of the filing fee and will forward the papers to the Land and Environment Court for processing.          

The Court will process the application at the Court’s registry.   The application will be recorded in the Court’s record system and stamped as having been filed with the Court.   The date, time and place for the first directions hearing before the Court will be set and written by the Court’s staff on each of the three copies of the application.  The first directions hearing will usually be 21 days after the date of filing of the application.

The Court’s registry will keep one copy of the application for the Court’s file and return two copies of the application to the applicant.   One of the returned copies is for the applicant to keep and the other copy needs to be served on the Valuer-General.

SERVE THE APPLICATION

 

A stamped copy of the application needs to be served on the Valuer-General who is the respondent to the appeal, within 7 days of filing.  The Court has prepared a guide for the service of documents for self-represented litigants.  The guide explains what is meant by service of documents and how this is to be undertaken.

RESPONDENT

APPEARS

 

After the applicant serves the application, the Valuer-General needs to acknowledge service and register its desire to take part in the proceedings.  This is known as filing a notice of appearance.  The Valuer-General needs to complete and file with the Court, and serve on the applicant, a notice of appearance.

 

 

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