Compulsory Acquisition of Land – Our Experience

AVG Forensic is highly experienced in assessing entitlements for businesses impacted by compulsory land acquisition.

We have consulted on hundreds of matters acting for both business owners and acquiring authorities, assisting parties to reach agreements on quantum of compensation for disturbance.

What is ‘disturbance”?

Our expertise specifically relates to the assessment of compensation called ‘disturbance’. In New South Wales, this legislation is called the Land Acquisition (Just Terms Compensation) Act 1991.  Similar legislation exists in other states of Australia.

The term disturbance relates to an economic loss suffered by a dispossessed owner when required to vacate land taken by an acquiring authority.

Our Services Relating To Compulsory Acquisition

Pre-Compulsory Acquisition Stage

We regularly act in the ‘pre-compulsory acquisition’ phase to quantify disturbance impacting business owners, including: 

• An assessment of the costs to relocate a business and the impact on the profitability of the business
• A valuation of the business and other costs to terminate the business if it cannot relocate
• We prepare credible and fully supported expert reports quantifying disturbance claims
• We work with acquiring authorities (and their lawyers and other advisers) and business owners (and their lawyers and other advisers) to facilitate agreement on the quantum of compensation.

Compulsory Acquisition Stage

AVG Forensic is also regularly instructed in land acquisition matters which have proceeded to the compulsory acquisition stage, involving a determination of compensation issued by the Valuer General.

• We provide lawyers and business owners with independent and objective advice on whether the Valuer General’s determination should be accepted.
• We have also been instructed to provide expert witness services in litigation involving the compulsory acquisition of land.

Our experts are regularly instructed by both solicitors acting on behalf of acquiring authorities and on behalf of affected business owners. Our experts have presented expert findings in conciliation conferences and during final trial hearing in the Land and Environment Court of New South Wales.

Our Success

In matters where AVG Forensic is engaged, we have a high level of success in facilitating an agreement between the business owner and the acquiring authority.

Our wealth of experience means:

• We have an intimate understanding of entitlements to disturbance compensation under the law
• We have gained credibility from working on hundreds of matters impacting a wide variety of businesses under instruction from both acquiring authorities or business owners
• We are highly responsive, providing quick turnaround for our advice, reports and attendance at negotiation meetings;
• We are to identify when experts with different expertise to ours can be used to assist with matters, adding credibility and support to the matter
• We are trained in being able to handle highly stressful situations impacting business owners who are faced with the prospect of a forced relocation or extinguishment of their business and ‘holding our own’ in tense and difficult negotiations.

AVG Forensic provide clear and high quality forensic accounting and business valuation services which can be relied upon for the purpose of accurately assessing entitlements for businesses impacted by compulsory land acquisition.  We adopt a systematic process based on years of experience. Please contact us to discuss how we can help.