The NSW Government has announced a $1 billion upgrade to Fifteenth Avenue, Austral, part of the Liverpool to Airport Transit Corridor improving access to Bradfield City Centre, the Metro and
The strata renewal process can be complex and unforgiving for homeowners seeking a just and equitable price for their property. For only the second time, the NSW Land and Environment
On 10 March 2023, Justice Darke of the NSW Supreme Court delivered an interlocutory decision refusing an application to stay building defect proceedings for 12 months, despite ongoing investigations under
Compensation for land compulsorily acquired for a railway tunnel is only available where a claimant satisfies a gateway criterion under clause 2 of Schedule 6B of the Transport Administration Act
In Smith v Owners – Strata Plan No 3004 [2022] NSWSC 1599, the NSW Supreme Court considered sections 106(1) and 106(5) of the Strata Schemes Management Act 2015 (NSW) and
On 12 May 2021, the NSW Government confirmed two further additions to the Sydney Metro West project – Pyrmont and Sydney CBD – completing plans for the underground metro line
Where a party contracts to purchase land that is compulsorily acquired before settlement, tension arises if the Valuer-General’s market value is less than the contract price. In G Capital Corporation
When a dispossessed landowner challenges the Valuer-General’s compensation determination in Class 3 Land and Environment Court proceedings, the usual rule is that a reasonable applicant recovers their costs, unless they
The usual path to challenging a Valuer-General’s compensation determination on compulsory acquisition is Class 3 proceedings in the Land and Environment Court, involving a re-determination of the land’s value under
Compulsory acquisition often triggers tax implications for dispossessed owners of investment land, commonly stamp duty and land tax. In Canal Aviv Pty Ltd v Roads and Maritime Services [2018] NSWLEC
In The Owners – Strata Plan 49574 v Scorpio Holdings (Aust) Pty Ltd & Ors [2018] NSWLEC 54, Project Lawyers acted for the applicant and successfully obtained orders requiring a
Sydney Water Corporation v Caruso [2009] NSWCA 391 is authority that, in determining compensation for a dispossessed owner, doubts should be resolved in favour of a more liberal estimate –
Sale contracts typically provide for adjustment of land tax so property transfers free of tax against the incoming purchaser. Where land is compulsorily acquired, the acquiring authority deducts unpaid land
Construction contracts often require contractors and subcontractors to submit, with each payment claim, a statutory declaration certifying that money due to their subcontractors and suppliers has been paid, expressed as
A contentious issue in the compulsory acquisition of land in NSW is whether a dispossessed owner can claim, in addition to other heads of compensation, the stamp duty and financial
The Land Acquisition (Just Terms Compensation) Act 1991 (NSW) provides that where a dispossessed owner remains in occupation after compulsory acquisition, the acquiring authority may impose reasonable tenancy terms, including
Owners of land reserved for a public purpose – such as road widening, trunk drainage or open space – usually must wait years for the acquiring authority to acquire the
An interesting reform under the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW), effective 1 March 2017, is the option for dispossessed owners to buy back their former land
Generally, a landowner owns the ground below their property, subject to Crown reservations, but the deprivation of subsurface rights does not always attract compensation – the reasoning being that it
One of the government’s more intrusive powers is the compulsory acquisition of land for a designated public purpose. Where disputes arise over compensation – typically determined by the Valuer-General –
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