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Compulsory Acquisition of Land

These articles are relevant to environment and planning lawyers and business owners who operate a business upon land which is subject to a proposed or actual land acquisition.

Assessment date in damages & compensation

The assessment date in the context of damages represents the point in time all of the losses, typically which may have accrued and continue to accrue over a period of time, are converted to a single number representing a ‘once-and-for-all’ lump sum amount as part of damages. This article focuses on the technical and thorny issues concerning the assessment date in damages and compensation.

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‘Capitalisation rates’ and ‘discount rates’ used in valuations & claims for loss of profit as part of damages or compensation

Rather than hope that the court will prefer your expert’s opinions, over your adversary’s expert opinion, on the relevant capitalisation rate or discount rate that should be applied, we have provided a comprehensive presentation to arm lawyers with the relevant need to know information on this vexed and technical topic.

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Loss of profits update in Class 3 NSWLEC proceedings

On 30 July 2021, Pain J delivered her judgment in The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82, making it very plain that the nature and scope of the ‘interest in land’ are of fundamental importance for lawyers advising their clients on the quantum of compensation, including claims for loss of profit under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (“Act”).  The effective outcome for the applicant was that it received no compensation.

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Spotlight on the Property Law sector

We put our forensic spotlight on the Property Law Services sector investigating what drives demand in this sector and how it is currently performing.

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Compulsory acquisition of land in Victoria and basis for compensation

In Victoria, section 41(1) of the Land Acquisition and Compensation Act 1986 (Vic) sets out the general principles on which compensation is to be based. This article looks at the key implications for business owners who are impacted when an acquiring authority requires land for a public works project.

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How we help
We deliver high quality expert advice and reports on forensic accounting and business valuation issues.

Phone: +61 2 8188 4889
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Sydney NSW 2000

Phone: +61 3 8658 4278
Level 40, 140 William Street
Melbourne VIC 3000