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

Compensation for compulsory acquisition: how to start claim

STEP

DESCRIPTION

CHECK YOUR INFORMATION

Check that you are making the right appeal or objection within the specified time limit (see above).

FIND THE RIGHT FORM

An objection, application and appeal concerning a claim for compensation for acquisition of land is allocated to Class 3 of the court’s jurisdiction (see s 19(e) and s 24 of the Land and Environment Court Act).   The proceedings are to be commenced by a Class 3 Application ( Form B (version 2)).

ATTACH THE RIGHT DOCUMENTS

The application is to attach the:

  • notice of intention to acquire the land
  • claim for compensation
  • compensation notice
  • acquisition notice published in the Government Gazette.
  • a schedule of losses attributable to disturbance under s 59(a) to (e) of the Just Terms Act
  • a schedule of disturbance loss heads of claim which may arise under s 59(f)
  • all lay evidence

CHECK THE FEE

There is a court filing fee that has to be paid to the Court to commence the appeal.   The amount of the filing fee depends on the value of the land and whether the person appealing is a natural person or a corporation.  The range of filing fees is specified in the Schedule of Court fees.     

FILE THE APPEAL

The appeal can be commenced by filing three copies of the completed Class 3 Application and paying the Court’s filing fee at the Court’s registry on Level 4, 225 Macquarie Street, Sydney or by posting three copies of the completed application and the filing fee to the court at GPO Box 3565, Sydney, NSW   2001.  

In addition, all Local Courts throughout New South Wales act as agents for the Land and Environment Court.  

Applications can be filed and the filing fee paid at any Local Court registry.   The Local Court registry staff will give a receipt for the payment of the filing fee and will forward the papers to the Land and Environment Court for processing.

The Court will process the application at the court’s registry.   The application will be recorded in the Court’s record system and stamped as having been filed with the Court.   The date, time and place for the first directions hearing before the Court will be set and written by the Court’s staff on each of the three copies of the application. The first directions hearing will usually be four weeks after the date of filing of the application.

The Court’s registry will keep one copy of the application for the Court’s file and return two copies of the application to the applicant.  

One of the returned copies is for the applicant to keep and the other copy needs to be  served on the acquiring authority.

SERVE THE APPLICATION

A stamped copy of the application needs to be served on the acquiring authority who is the respondent to the appeal, within 7 days of filing.  The Court has prepared a guide for the service of documents for self-represented litigants. The guide explains what is meant by service of documents and how this is to be undertaken.

SERVE OTHER DOCUMENTS

A number of documents need to be served on the acquiring authority at the same time as the application is served.   These are:

  • a schedule of losses attributable to disturbance under s 59(a) to s 59(e) of the Just Terms Act
  • a schedule of disturbance loss heads of claim which may arise under s 59(f) of the Just Terms Act
  • all lay evidence, which is evidence of witnesses of fact and not experts, on which the applicant proposes to rely.

RESPONDENT FILES A NOTICE OF APPEARANCE

After the applicant serves the application, the acquiring authority needs to acknowledge service and register its desire to take part in the proceedings.  This is known as filing a notice of appearance.  The acquiring authority needs to complete and file with the court, and serve on the applicant, a notice of appearance.  

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