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

Beatty Hughes & Associates is a specialist law firm based in Sydney that specialises principally in environmental, planning and compulsory acquisition law. These submissions are based on our experience over

Beatty Legal is a specialist valuation, planning and environmental law firm based in Sydney. We have represented many businesses, families, individuals, and listed companies who have had their land compulsorily

BY TIMOTHY ALLEN – OCT 01, 2021 8:45 AM AEST SNAPSHOT Some dispossessed owners of land in NSW can now seek compensation on the basis of ‘reinstatement’. The NSW reinstatement