News and resources

In 2016, Roads and Maritime Services of New South Wales compulsorily acquired a block of land to upgrade the Pacific Highway.

The landowner accepted an offer of $3,114,540 as compensation from RMS for the compulsory acquisition of land. This sum was determined by the Valuer-General and comprised $2,950,000 for the market value of the land and $164,540 for disturbance to the business.

In September 2000, a worker fell while pushing a wheelbarrow in the course of his employment.

He suffered significant injuries to his leg and made a workers compensation claim.

The employer’s insurer accepted liability. It paid the worker’s treatment expenses and ongoing weekly benefits, along with a lump sum payment for permanent injury.

In June 2012, the worker fell when his leg gave way, breaking his wrist and significantly injuring his back. Under workers compensation law, these injuries were treated as being part of the initial work injury.

The initial injury happened in December 2000, when the worker fell while pushing a wheelbarrow. He suffered a significant injury to his right leg and ankle. The workers compensation insurer accepted liability and paid treatment expenses and ongoing weekly benefits from that point on, as well as a lump sum payment for permanent injury about four years after the incident.

The leg injury continued to give the man problems. In 2012 he had a serious fall when the injured leg gave way, resulting in a broken wrist and a significant back injury. Under workers compensation law, these consequential further injuries are treated as being part of the initial work injury.

The insurer continued paying weekly benefits on the basis that the man was unable to work as a result of the injuries and made a formal decision in 2013 that he had “no work capacity”, meaning that he would continue to receive weekly compensation benefits into the future.

A landmark court decision has delivered a blow to the NSW government’s seemingly unstoppable compulsory acquisition of property. I have spent the past twenty years fighting for people who have been ordered out of their homes or businesses under various laws that give power to the government to take over their property under procedures set […]

The Roads and Traffic Authority of NSW had compulsorily acquired part of a rural property to provide for a new section of the Pacific Highway, therefore entitling the property owners to compensation under section 37 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (“the Just Terms Act”).

On the acquired land, the owners operated a cattle stud farm, including facilities for insemination/embryo transfer and a dairy bails/show complex, while their residence was located on the remaining land.

The new highway extension meant that there would be a higher speed limit for traffic passing by the residence and that the new road would be wider, more elevated and 35 metres closer to the residence than it had previously been.

You’ve invested a lot of money installing solar panels on your roof. It’s keeping down the cost of your electricity. Suddenly you find the neighbour is adding an extra storey, or a tower is being built nearby that is going to block your solar panels getting direct sunlight. What does the law say? Is there […]

Thousands of people in NSW are facing having their homes and property compulsorily acquired by the government in 2017, under the Land Acquisition (Just Terms Compensation) Act 1991. The law does not allow home owners to stop the government taking their home if it is needed for a major state project, but there is plenty […]

Being told by the government that your home or property is about to be seized through compulsory acquisition for a freeway or a railway line is a scary proposition. With the rollout of WestConnex, NorthConnex and the Sydney Metro project, more and more people are finding themselves in this predicament. Many people are unhappy with […]

Your home is your castle, right? It said so in that popular movie The Castle. Well, that movie didn’t take into account the Land Acquisition (Just Terms Compensation) Act of 1991. This law states that if the council or a government authority responsible for highways, railways or other assorted public works wants to build something […]

When questioned about pool maintenance, many owners might tell you they spend a fair amount of time cleaning and checking chlorine levels. And there ends their responsibility. Unarguably, an unclean pool is a health hazard. But there is clearly more to pool safety than making sure the water looks inviting. Proposed new laws, which would […]

http://www.greatlakesadvocate.com.au/news/local/news/general/rankin-inquest-breaks-until-july/1443355.aspx The inquest into the death of 11-year-old drowning victim Shannon Rankin in a Forster resort spa has been adjourned until July, with the conclusion expected to rock the pool and spa industry. The current hearing’s last day was dominated by evidence from expert engineer Phillip Targett, who inspected the Sevan Apartments spa where Shannon […]