1. VCAT Update
Mark Dwyer, VCAT Deputy President MGV Country Conference - October 2018

2. LV activity levels - 1 Case numbers 45 pending cases
(35 rating/valuation, 3 LACA, 5 Local Govt, 2 other Acts)
VCAT Update 2018

3. LV activity levels - 2 ‘Stakeholders’ in latest VLA/rating matters
VCAT Update 2018

4. LV activity levels - 3 Timeliness
settlement rates still high > 70% (up from last year)
‘average’ LV finalisation in 20 weeks (because of high settlements)
currently listing contested hearings for April/May 2019
BUT timeliness still slipping for cases unresolved at CC
of the 45 pending matters, 8 > 1 yr (cf only 4 in 2017)
delay primarily by parties, not VCAT (and a few ‘test’ cases)
VCAT Update 2018

5. Recent Changes at VCAT New President – Justice Michelle Quigley
Recent ‘new sessional member’ interviews for Planning and Environment List included valuers – watch this space!
LV Jurisdiction
LACA amendments in place (disputes under $400k must come to VCAT, discretionary transfers between VCAT and court)
Local Govt Bill 2018 (changes to special rates and charges, transfer of County Court jurisdiction on rating to VCAT)
VCAT Update 2018

6. Digital Strategy in LV Project ‘build’ now well advanced
soft launch in LV sub-list now likely in early 2019
external stakeholder engagement (e.g. Maddocks, VGV etc)
Digital Strategy includes:
on-line application forms and fee payments
e-file and e-lodgement of documents
electronic communications between VCAT and parties
potential for digital exchange of information
business and process reform, rather than electronic replication of existing manual requirements
VCAT Update 2018

7. Current Issues - 1 Quality of statements of contentions
improving!
still some ‘tactical omissions’ with some parties not wanting to reveal all
still limited info in some cases where legal or methodology issues
remember a SOC from the valuation authority can be conditional/qualified – e.g. if inadequate RFI response
Preparedness for compulsory conferences
some parties still failing to take CC seriously, or treating a failed CC as a ‘starting’ point to prepare the ‘real’ case
Benefits/disbenefits of requiring an ‘alternative’ valuation based on the other party’s valuation approach
VCAT Update 2018

8. Current Issues - 2 Expert Evidence
issues with quality & format of expert reports (cf PNVCAT 2)
need for facts and reasoned opinions, not advocacy. The primary duty of the expert is to the tribunal, not to a party.
care required in joint reports, in setting out what is agreed, what not agreed, and why not agreed – particularly the latter, including assumptions
preparation and readiness for hearing
concurrent evidence
Adoption of Queensland model? >>>
VCAT Update 2018

9. Current Issues - 3
Queensland guidelines for expert evidence in valuation cases, 2018
parties identify issues via SOC, and court nominates process
parties brief experts
if only one party nominates an expert on an issue, expert produces a statement of evidence
if both parties nominate an expert on an issue, those experts attend a meeting and produce a joint report. The experts may only produce a limited individual statement of evidence.
court may direct case to a court managed expert evidence (CMEE) process
if CMEE, a facilitator (member or registrar) will manage and supervise expert meetings, and can direct experts to respond to particular issues, questions etc, or to participate in mediation – including in absence of parties
focus on using experts to resolve issues, or to narrow and clearly articulate the issues for hearing
court decides how and when expert evidence given at a hearing
VCAT Update 2018