Land and Environment Court > Types of cases > Class 3: valuation, compensation and Aboriginal land claim cases > Process for making claims for compensation for compulsory acquisition of land

Preparing for the first directions hearing

The Practice Note requires the parties to the appeal to take certain steps before the first directions hearing, as follows.

WHO

STEP

DESCRIPTION

ACQUIRING AUTHORITY

CONSIDER IF IT ACCEPTS DETERMINATION OF COMPENSATION

The acquiring authority is to consider and decide whether or not it accepts the Valuer-General’s determination under the Just Terms Act of the amount of compensation to be offered to the applicant (paragraph 16(a)).

BOTH PARTIES

DISCUSS AND AGREE WHETHER TO RELY ON EXPERT EVIDENCE

The applicant and acquiring authority are to discuss whether they propose to rely on expert evidence and, if they do, prepare an agreed statement or, if the parties do not agree, each party’s own statement as to the disciplines in respect of which the parties propose to call expert evidence (paragraph 16(b)).

BOTH PARTIES

DISCUSS AND AGREE ON DIRECTIONS

The applicant and acquiring authority are to discuss and agree upon the directions the Court should make at the first directions hearing.   These directions should be based on the usual directions at first directions hearing in Schedule A of the Practice Note.   If the parties do not agree, each party should prepare their own version of the directions they propose.

 

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