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Abela v Commissioner of State Revenue (Review and Regulation) [2017] VCAT 1024


The issues in dispute were whether the Applicant satisfied the residence requirement prescribed by s12 of the FHOG Act, and therefore was entitled to the First Home Owner Grant.


On 13 July 2017, the Tribunal handed down its written decision in favour of the Applicant. The Tribunal considered there was credible evidence from multiple witnesses during the hearing, regarding the Applicant’s occupation of the Property. However, the Tribunal stated [paragraph 9] that: “this case is not a precedent for other cases where the Tribunal may be evaluating low utility usage and other indicators of impermanent residence in the context of an applicant who after a short period of occupation parted with possession of the property.”


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