Guide to Compulsory Land Acquisition

Don't let the intricacies of compulsory land acquisition intimidate you. With expert insights and practical advice, become empowered to advocate for your clients’ rights, and secure fair compensation. Unravel the complexities of the negotiation process, ensuring you’re equipped to protect their interests. From the latest cases and decisions, to challenging assessments, to compensation for businesses to practice and procedure. Attend and unlock the secrets to a successful land settlement. WEB2311N10Z
Tuesday, 14 November 2023
11.35am to 12.20pm Navigating Compensation for Businesses
  • When can a separate claim be made by a business?
  • What constitutes an interest in land?
  • What is claimable by a business and the parameters of loss into the future?
  • Relocation of a business vs extinguishment of a business
  • Examining valuation of partial acquisitions
  • Overlap between market value and disturbance costs in business compensation

Presented by John Clayton, Special Counsel, Clayton Utz

Chair:

Todd Neal, Partner, Colin Biggers & Paisley Lawyers; Best Lawyers, 2020-2024, Planning and Environment Law

9.05am to 9.50am Practice and Procedure in Compulsory Acquisitions
  • Process of how the Just Terms Act operates
  • Valuer General Determinations
  • Filing an appeal to the Land and Environment Court
  • Court practice and procedure and
  • Hardship claims

Presented by Florence Mitchell, Partner, Flo Mitchell Legal; Accredited Specialist in Commercial Litigation

Professional Skills
12.20pm to 1.15pm Challenging Assessments, Instructing Experts and Maximising Expert Evidence
  • Explore best practices for challenging assessments, including strategies for instructing and working with experts
  • How to maximise expert evidence to give you and your clients an edge

Presented by Robert White, Barrister, 12 Selborne Wentworth Chambers

9.50am to 10.35am Case Update on Recent Compulsory Land Acquisition Decisions

Join experienced practitioner, Hasti Kalarostaghi for a comprehensive case update and analysis of important decisions related to compulsory land acquisitions.

Presented by Hasti Kalarostaghi, Partner, Hunt & Hunt Lawyers

10.50am to 11.35am The Compulsory Acquisition of Rural Land in NSW: Lessons from Inland Rail and the Orana Renewable Energy Zone

Join Peter Holt, as he walks you through case studies of acting for landholders in the context of the acquisition of rural land and examine some of the particular issues that arise in the context of the acquisition of rural land in NSW including:

  • Linear infrastructure projects like Inland Rail and the transmission lines to support the REZs cut through significant farmland in NSW
  • Navigating acquisition of interests in rural land: particular issues that arise

Presented by Peter Holt, Partner, HWL Ebsworth Lawyers, Accredited Specialist in Planning & Environmental Law

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is based on NSW legislation

9.00am to 9.05am Opening Comments by the Chair
10.35am to 10.50am Break

Presenters


Ms Hasti Kalarostaghi, Partner
Hasti joined Hunt & Hunt in 2008. She is a senior leader and mentor of the Hunt & Hunt planning and environment team. Hasti works with government, corporate and private clients. She is well regarded as an expert in relation to planning and environmental law, compliance, merit appeals, and transactional and property development matters. Hasti was named as a recommended Planning and Environment Lawyer in Doyle’s Guide 2018 and 2019. Recognised for her legal expertise in valuation and compulsory acquisition of land and property rights, Hasti regularly appears at the Land and Environment Court on planning and valuation appeals. Her transactional work includes drafting complex agreements, providing advice on developer deeds, planning agreements and transport infrastructure agreements.


Florence Mitchell, Partner
Flo Mitchell is a versatile, skilled litigator with vast experience representing clients in matters as diverse as employment law, defamation, compulsory acquisition, contested estates, tribunals of enquiry, business disputes and professional negligence cases involving solicitors and accountants. Flo is confident in leading and advising on large scale, complex matters and recently successfully represented a client in a claim for $17 million. In 2018, she acted for approximately 75 different clients who were affected by the compulsory acquisition of their property and businesses, negotiating settlements in excess of 300% of initial compensation offers made. Flo has also acted for a client who was successful in winning the biggest defamation verdict in New South Wales. Flo is highly regarded among her clients and peers for her pragmatic, commercial approach to resolving disputes and litigation proceedings. Her particular skill is in identifying the core issues of a matter, and supporting clients in making an informed opinion regarding the merits of their case. Flo ensures that her clients fully understand the risks and options, constantly communicates with them throughout the progress of their matter, and develops strategies and plans to prepare for the unexpected. Flo has substantial experience in most jurisdictions and regularly briefs counsel for trial, interlocutory relief, injunctions and urgent hearings. Flo has three active young children and has worked as a mentor with the Law Society of NSW, assisting women to excel in the legal profession. As well as being an accredited specialist in commercial litigation, Flo is a current Committee Member of the Law Society of NSW - for Accredited specialists in Commercial Litigation. Flo holds a Masters in Health Law from the University of Sydney, and law degrees from Portobello College and Queen's University, Belfast. Flo regularly blogs and comments on contemporary legal issues.


Mr Peter Holt, Partner
Peter Holt Peter is a partner in HWLE Ebsworth's planning and environment team. Peter is recognised as an Accredited Specialist in Planning and Local Government law by the Law Society of NSW. Peter is a highly respected and influential thought leader on environmental, planning and building matters in New South Wales. Peter regularly acts for private developers, accredited certifiers, councils and NSW State government agencies. Peter has over eighteen years’ experience working on policy development and the implementation of innovative legislative reform initiatives. This includes being responsible for the policy and legal framework behind the New South Wales Government’s ePlanning program; overseeing the expansion of the BASIX certification scheme; and the preparation of parts of the Planning Bill 2013 relating to development contributions and building and subdivision.


John Clayton, Special Counsel
John Clayton specialises in environment, planning and government law. He has worked extensively both with government authorities and private developers. John's practice covers a wide range of issues, including Federal and State planning and environmental impact assessment, compulsory acquisition and land valuation, and the relationship between administrative law and government decision-making and policy. He has a keen interest in the interaction between administrative law requirements and the commercial imperatives of statutory authorities. John also provides specialist environmental and planning advice in relation to corporate and property transactions.


Mr Robert White, Barrister
Robert is an experienced environmental law barrister. He practises in all areas of the Land and Environment Court jurisdiction, including civil enforcement, land acquisition and compensation, land valuation, judicial review, class 5 prosecutions, climate change, class 1 merits appeals, local government and class 8 mining cases. He has an interest in climate change litigation, acting in coastal erosion cases, and in matters involving large fossil fuel and renewable energy projects. In 2020 Robert has been instructed by the Wilderness Society in judicial review proceedings in the Federal Court challenging the grant of oil exploration rights to Equinor in the Great Australian Bight, and in 2018 Robert acted for a community group opposing a coal mine in the Gloucester Valley, in which Preston CJ refused development for the mine on climate change grounds. Also in 2020, Robert was instructed to appear for Lock the Gate before the IPC at the Vickery Coal Mine Extension Project public hearing and for North West Alliance at the Narribri Gas Project public hearing before the IPC. Robert prosecutes for councils and for the Natural Resources Access Regulator (NRAR) in respect of prosecutions under the Water Management Act. In 2020 he is involved in two such prosecutions for NRAR.

WEB2311N10Z

Guide to Compulsory Land Acquisition

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Morning Session
Tuesday, 14 November 2023
9.05am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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