As an ongoing service to our clients, we continue to provide monthly updates on Victorian Civil and Administrative Tribunal (VCAT) retail leasing cases and selected property-related decisions.
Below are 4 recent property-related cases from the courts that may be of interest:
VCAT Cases
1.Rainn Pty Ltd v Commissioner of State Revenue (No. 2) [2026] VCAT 546 (16 July 2026) In this case, the applicant sought an exemption from land tax on the basis that the land was used for primary production. The applicant was unsuccessful in overturning land tax assessments made in prior years.
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2. Clarabelle Investments Pty Ltd v Magic Trading Pty Ltd [2026] VCAT 599 (29 July 2026) This case involved a tenant who sought a stay of proceedings pending a hearing for leave to appeal. The lease had previously been terminated due to allegations of the sale of illegal tobacco by the tenant and the failure to obtain insurance. The premises included a number of residential apartments above. The application to stay the order was refused.
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The Supreme Court of Victoria
ISPT Pty Ltd as trustee for ISPT Retail Australia Property Trust v Commissioner of State Revenue [2026] VSC 480 (29 July 2026) This case was an appeal of an assessment of stamp duty where the status of the landholder changed from a public unit trust to a private unit trust scheme. The appeal was dismissed.
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The Supreme Court of Victoria – Court of Appeal
Streeter v Zhang [2026] VSCA 170 (16 July 2026) This case concerned an adverse possession claim for a residential boundary fence, which was overturned by the Victorian Supreme Court following an earlier Magistrates’ Court hearing. The Court of Appeal upheld the Victorian Supreme Court decision.
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