An Authority has served on you a Notice of Intention to Acquire (“NOITA”) in compliance with the Land Acquisition and Compensation Act 1986 (“the Act”) formally advising you that it intends to compulsorily acquire all or part of your leasehold interest in the property.

Hypothetical fact situation

  1. Sue leases a property adjoining the railway line.
  2. After entering into the lease, the Authority procured the introduction of a Public Acquisition Overlay into the Planning Scheme to reserve part of the property for a grade separation to remove the level crossing.
  3. The Authority served a NOITA formally advising Sue that it intends to compulsorily acquire her leasehold interest in the property.  The NOITA was accompanied by a Statement setting out her rights and compensation entitlements.
  4. Sue now wishes to explore her rights and entitlement to compensation.

If your situation is similar to Sue’s, can you answer these questions? *

  • Do you know your rights, obligations and entitlements to compensation which arise from these circumstances?
  • How is a claim for compensation made?
  • What expert advice is required to support your claim for compensation?

How can we help?

We can help by:-

  1. Exploring the benefits in retaining a valuer and other professionals to assist in determining the market value of your leasehold interest in the property;
  2. Explaining the processes prescribed in the Act for the making of your claim for compensation and the Authority’s reply;
  3. Explaining the items of claim prescribed in the Act which may be applicable to your circumstances; and
  4. Preparing and managing your claim for compensation.

The making of an appointment

Please make an appointment with us by telephoning one of our solicitors – Selina Clark (03) 9861 7731, Lauren Sullivan (03) 9861 7715 or Desmond Khoo (03) 9861 7763.

At this appointment, please bring the completed Client Information Sheet and as much of the documentation listed therein as you are able to gather as this will aid in the giving of advice.