Valuer and retail leases update: Qualifications of a valuer

In Brief

In Australian Fast Foods Pty Ltd v Kameel Pty Ltd [2021] VCAT 921, VCAT determined that a Valuer nominated by the VSBC as a specialist retail valuer, is a specialist retail valuer and it is up to the party challenging the appointment to prove that the valuer does not have the requisite experience.

What you need to know

If you are a valuer and selected by the VSBC to determine a rent, it will be difficult for a party to challenge your credentials. To do so, it will need to prove that the valuer is not sufficiently experienced to undertake the task of valuing the premises. This will be difficult to achieve.

Background

In the current matter, it is apparent that the landlord did not want the rent to be valued, due to 3 previous valuers been rejected by the landlord.