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28th July 2016

VCAT changes

As of 1 July 2016, applications to the Major Cases List do not need to meet the minimum cost of development of $10m.  This now means that all matters are able to be included on the Major Cases List provided the applicable Major Cases List fee is paid and the associated forms lodged. 

A permit applicant can seek to have an objector appeal upgraded to a Major Cases List matter if an additional fee is paid.  However, no other appeals lodged under the regular list can be upgraded to the Major Cases List (i.e. – if you are already in the queue for a regular hearing, you will unfortunately have to wait for the hearing date). 

As outlined in an earlier newsletter, VCAT also introduced different tiers for their fee structure on 1 July 2016 –corporate, standard and concession.  Based on experience to date, if a company is looking to justify their inclusion under the standard fee category (incorporated businesses with a turnover of less than $200,000 in the previous financial year), they should provide a statutory declaration when the appeal is being lodged confirming turnover is under the threshold amount.  This will ensure no delays with justifying this classification at a later date.

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