We have acted extensively for dispossessed landowners in Class 3 proceedings in the Land and Environment Court of New South Wales concerning objections to the amount of compensation payable under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act).
Our experience includes acting in matters challenging determinations of the Valuer General and positions adopted by acquiring authorities across all heads of compensation prescribed by the Just Terms Act, including market value (s 55), special value (s 56), disturbance (s 59), and solatium (s 60). We have been engaged in complex disputes involving the proper identification of the ‘highest and best use’ of the acquired land, the application of the ‘disregard’ provisions (including s 56(1)(a) and related principles), and the correct treatment of comparable sales evidence.
In the conduct of these proceedings, we have consistently secured outcomes for our clients resulting in compensation materially in excess of the amounts initially offered by both the Valuer General and the acquiring authority. These outcomes have been achieved through the strategic management of expert valuation evidence, detailed forensic analysis of comparable sales, and the advancement of carefully structured legal submissions addressing both valuation methodology and statutory construction.
Over many years of practice in this area, we have developed strong professional relationships with leading experts, including town planners, valuers, and both junior and senior counsel. These relationships enable us to assemble highly skilled and cohesive expert teams tailored to each matter, ensuring that our clients’ claims are supported by rigorous, well-founded evidence. This collaborative approach significantly enhances the quality of the valuation and legal analysis advanced on behalf of our clients, and positions them to achieve optimal compensation outcomes.