Received a notice that your property may be compulsorily acquired? Finding a lawyer who understands compulsory acquisition can make a real difference to how you navigate the process. Here are a few important questions to help you understand their experience, how they can help with your claim and what costs to expect.

Key takeaways

• Understand the key NSW deadlines that may affect your compensation claim.
• Ask about experience handling compensation matters in the Land and Environment Court.
• Request a written estimate of legal fees and clarify which costs may be recoverable.
• Look for a lawyer with specific experience in compulsory acquisition matters.

Understanding the compulsory acquisition process in NSW

Before we get to the questions to ask a compulsory acquisition lawyer, let's look at how the process works in NSW.

Under section 10A of the Land Acquisition (Just Terms Compensation) Act 1991, the acquiring authority must make genuine attempts to reach an agreement with you for at least six months before issuing a Proposed Acquisition Notice (PAN).

Once you receive a PAN, you generally have at least 60 days to complete your compensation claim, according to NSW Government guidance. Negotiations can continue during this time and beyond.

If the Valuer General determines your compensation and you receive a compensation notice, you generally have 90 days to lodge an objection with the Land and Environment Court if you disagree with the determination.

Keeping track of these deadlines and knowing what to do at each stage can feel overwhelming. A lawyer can help explain the process, the information you'll need and what the deadlines mean for your situation.

It's also worth taking the time to learn about your six rights as a property owner facing compulsory acquisition, so you have a better understanding of where you stand.

With that background in mind, let's look at five questions that can help you find a lawyer with the right experience for your situation.

Five questions to ask a compulsory acquisition lawyer in Sydney

Knowing what to ask can help you get a clearer picture of how a lawyer will approach your case. Here are five questions you can ask to guide the conversation.

1. “How will you manage the deadlines in my case?”

Compulsory acquisition involves specific deadlines, and missing one can affect your options. You should have a clear understanding of the key dates in your case, what needs to happen at each stage and which documents or information you'll need to provide.

It's also worth knowing how they'll track these dates and keep you informed as your claim progresses. Clear communication from the outset can help you stay prepared and avoid unnecessary surprises.

2. “What can you do to help with my compensation claim?”

Your compensation claim needs to account for the factors relevant to your property and circumstances. A lawyer should be able to explain how they'll assess your situation, what evidence may be needed and how they'll work with an independent valuer to support your claim.

Getting legal advice early can also help you understand your options before you make important decisions, especially if you've received correspondence from the acquiring authority or are approaching a key deadline.

3. “What experience do you have with compensation disputes in the Land and Environment Court?”

Not every compulsory acquisition claim ends in court, but it's useful to understand what happens if negotiations don't lead to an agreement.

Experience with compensation disputes in the Land and Environment Court can be important if your matter progresses to a formal objection or court proceedings. This experience can help you understand the process, potential timeframes, and costs involved.

Deadlines for challenging a compensation determination are particularly important. The applicable timeframe and available options depend on your circumstances, so clarify these before deciding how to proceed.

4. “How much will your legal services cost, and which expenses may be recoverable?”

Legal costs can be a concern when you're already dealing with the uncertainty of a compulsory acquisition. A written estimate of legal fees, along with a breakdown of additional expenses such as valuation services, can help you understand the financial commitment involved.

Under section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, certain legal and valuation costs may be included in compensation. However, eligibility rules and exclusions apply, and you may not be reimbursed for every expense in full.

Before proceeding, make sure you understand which costs you can recover in your circumstances, what happens if the acquiring authority disputes them, and whether you could be responsible for any shortfall.

It's also worth confirming that your valuer meets the Act's requirements for recoverable valuation costs.

The Law Society of NSW's costs disclosure guidance explains the importance of written costs disclosure, including the basis on which legal fees are charged and an estimate of total costs.

5. “How much experience do you have with compulsory acquisition matters?”

Compulsory acquisition involves specific legislation, compensation principles and procedures. A lawyer who handles general property matters may not have the same experience with these claims.

Look for experience advising landowners, negotiating with acquiring authorities and dealing with the issues that can affect compensation. Understanding how frequently a lawyer handles these matters can also give you a better sense of their familiarity with the process.

You can check a solicitor's practising status through the Law Society of NSW register. The register can help verify their credentials, but you may want to assess their direct experience with compulsory acquisition claims separately.