Our Expertise

Compulsory
Acquisition

Andrew Beatty of Beatty Hughes & Associates is recognised as a leading expert in the application of compulsory acquisition law around Australia.

We have advised on the application of the law in this field in all States and Territories and have acted in some of the most significant and technical matters to come before the Courts. We have acted for a variety of dispossessed owners, from large corporate property developers to single homeowners, in a wide range compulsory acquisition matters including:
  • acquisitions of prime commercial real-estate in the Sydney and Parramatta CBDs;
  • acquisitions of rural land; and
  • substratum (underground) acquisitions in NSW and QLD;
We have long-running and successful working relationships with a number of valuers, town planners, quantity surveyors and other experts who regularly provide advice in the context of compulsory acquisition matters, which enables us to quickly and accurately assemble an appropriate and tailored team that is responsive to the unique circumstances of each acquisition. We made submissions to and were invited to appear at the 2022 NSW Parliament (Portfolio Committee No. 6 – Transport and the Arts) inquiry into the acquisition of land in relation to major projects.

How we can assist

Advising on the statutory rights granted under the applicable compulsory acquisition legislation across Australia and providing guidance on the compulsory acquisition process (which may differ between jurisdictions).

Corresponding with representatives of the acquiring authority or other statutory authorities (such as the Valuer-General of NSW) in negotiations regarding compensation.

Advising on appropriate experts and barristers to brief and retain having regard to the unique circumstances of each acquisition.

Advising on the most appropriate bases for formulating and presenting claims for compensation to acquiring authorities, statutory authorities or the Court including market value, disturbance and reinstatement claims.

Advising on the land value implications of heritage listings in the context of compulsory acquisitions and land tax appeals.

Advising on the value of interests in land other than fee simple such as leasehold interests, options to purchase land or substratum interests.

Advising and representing in relation to appeals of compensation in courts of competent jurisdiction, including superior Courts of Record including the Land and Environment Court of NSW and the NSW Court of Appeal.

Our recent experience in Compulsory Acquisition

G&J Drivas Pty Ltd v Sydney Metro [2023] NSWLEC 20 – Acting for the dispossessed owners in a Class 3 claim for compensation in relation to land compulsorily acquired by Sydney Metro in the Parramatta CBD, resulting in an assessment of compensation for our client in an amount over $600m.

Viva Energy Australia Pty Limited v Transport for New South Wales [2021] NSWLEC 67 – Assessment of compensation of leasehold interest over part of land used for a service station.

Glenmarie Capital Pty Limited v Valuer General of New South Wales [2020] NSWLEC 1291 – successful application to have identified heritage values taken into account in determining land value under the Valuation of Land Act 1916 (NSW).

Advising on a complex claim for compensation for the substratum acquisition of land for the Cross-River Rail under a prime commercial property in the Brisbane CBD.

Acting for the owners and tenants of highly valuable land in the Sydney CBD acquired for the Sydney Metro Project.

Parliamentary inquiry

Related News + Insights

In this compulsory acquisition and compensation overview, the domination of transport projects and recent cases in the Court of Appeal and Land and Environment Court take the spotlight. The analysis of Class 3 compulsory acquisitions cases highlights a number of issues, ranging from the disregard of public purpose to reinstatement where there is no general market.
This article explores how the principle in Roads and Maritime Services v United Petroleum Pty Ltd [2019] NSWCA 41 provides a formula for calculating the true market value of a lessee’s interests in light of the traditional ‘profit rental’ approach.

This legal update for the API NSW Country Conference covers compulsory acquisition statistics, recent compulsory acquisition Court of Appeal cases and the operation of s10A of the Just Terms Act.

When land where a business is conducted is resumed for public purposes, compensation is assessed under the Land Acquisition (Just Terms Compensation) Act 1991. The requisite amount was narrowed to just compensation in the recent NSW decision of Roads and Maritime Services v United Petroleum Pty Ltd [2019] NSWCA 41 due to the previous application being too wide. Hence, it is more difficult to claim compensation for losses of future profits, especially when the tenure is not adequately secured, and relocation is uncertain.

Published on 1 July 2015. The NSW government is embarking on a major overhaul of the State’s transport infrastructure. The 2014-15 budget papers highlighted an estimated $31 billion in infrastructure related capital works to be undertaken in the next four years across both regional and metropolitan areas (NSW Budget 2014-15, Paper No. 4)  Some of […]

Published on 15 July 2015. Faced with the resumption of land in New South Wales on which a business is conducted, dispossessed owners may sometimes have a choice between seeking compensation for the extinguishment of the business, or compensation for relocating and re-establishing it elsewhere. Typically, dispossessed owners will enter into negotiations with the resuming […]