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Appeal information sheet: COMPENSATION FOR RESUMPTION OF LAND
Purpose
This information is provided to assist those considering commencing proceedings where the matter relates to a claim for compensation for the compulsory acquisition of land, as referred to in section 24 of the Land and Environment Court Act 1979. An appeal of this nature is heard in Class 3 of the Court's jurisdiction and normally presided over by a Judge of the Court.
How do I appeal a claim for compensation decision?
Before commencing proceedings, you should:
- Check that the time to appeal has not expired;
- Read this information to ensure you better understand the appeal process. A document produced by the Court entitled 'Frequently Asked Questions about the Court process', may also be of assistance; and
- Consider obtaining your own independent legal advice. The Court's registry has produced a referral guide for persons wishing to obtain legal advice and assistance;
Once you have decided to commence proceedings, you will need to send to the Land and Environment Court, or produce in person at Level 4, 225 Macquarie Street, Sydney the following items:
- 3 copies (original + 2 photocopies) of the completed Application Class 1, 2, 3 (Form B);
- 3 copies (photocopies will suffice) of Form 1, Section 11, Proposed Acquisition Notice;
- 3 copies (photocopies will suffice) of Form 2, Section 39, Claim for Compensation;
- 3 copies (photocopies will suffice) of Form 3, Section 42(2), Compensation Notice;
- 3 copies (photocopies will suffice) of the Government Gazette Notice;
- A filing fee – consult the Court's fees schedule (reference is item 7). The filing fee may be paid by cash, eftpos or cheque payable to Land and Environment Court of NSW). ;
How do I serve my appeal?
Once you have had your appeal paperwork processed by the Court's registry, you must serve a copy of the sealed documents returned to you by the Court upon the office of the Valuer-General before the close of business on the date indicated in the left hand margin of the Application Class 1,2,3 form. The other copy is for your own records.
How is my appeal listed for hearing?
Upon filing of the appeal with the Court, the matter will normally be allocated a ‘return date’ before the Court. This first return date will be a callover that may take one of the following forms:
1. Actual or in-person callover; or
2. Telephone callover;
It is for the parties to decide what callover option best suits their conveniences. If there is a dispute involving the callover options, then the Court will fix the matter according to geographical considerations. Prior to callover taking place, parties should familiarise themselves with the Court's current practice notes.
In general, the initial Court allocations for callover are as follows:
- For Sydney and Metropolitan appeals, the appeal will normally be listed in the first instance for an actual or in-person callover held at 225 Macquarie Street, Sydney (date and time indicated on the Application Class 1,2,3 form).
- For Country (ex-Sydney) matters, the appeal will normally be listed in the first instance for a telephone callover (date and time indicated on the Application Class 1,2,3 form) involving a 3-way conference call. Please read the information sheet Telephone callover for important information on the procedures for telephone callover.
Note: Once the initial callover date has been fixed, the parties may seek to utilise the eCallover facility within the Land and Environment's Court's eCourt system for further callover appearances. You should discuss this option with the other party in the dispute, or their representatives.
Where does the actual hearing of my appeal take place?
Hearings of this nature will normally heard at 225 Macquarie Street, Sydney.
Useful links
- A useful publication entitled 'A Practitioner's Guide' published by the NSW Young Lawyers may assist in the understanding of Court practices and procedures.
(This document is in Portable Document Format, or PDF. To view a PDF document, you will need a copy of Adobe Acrobat on your computer. You can download a copy for free from the Adobe website)
- Frequently Asked Questions (FAQs) - the Court's registry has compiled a number of FAQ documents to assist those persons seeking general information on specific aspects of Court practice and procedure.
- Contact the Court registry by telephone, facsimile or email.
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