Compulsory Acquisition of Land

Compulsory Acquisition of Land

Acuity Forensic is highly experienced in assessing entitlements for businesses impacted by compulsory land acquisition for which compensation is determined based on different statutes across Australia.

We recognise the compulsory acquisition of land has unique jurisprudence. We are skilled and cognisant of the crucial role an expert in forensic accounting and valuation can play in reaching a fair and sensible resolution land interest holder and the acquiring authority.

New South Wales has significant case law in compulsory land acquisition matters. Our expert has acted in a pivotal matter, ultimately decided in the Court of Appeal of NSW. This matter has changed the landscape of consideration of business value and loss of profits claimed in a business extinguishment matters in New South Wales, as an item for disturbance compensation.

Notwithstanding this, we have acted as an experts for both business owners and a wide variety of acquiring authorities in New South Wales, assisting parties to reach agreements on quantum of compensation entitlements. On the very few matters which require evidence in the Land and Environment Court of NSW, our expert evidence has always been preferred over the opposing expert evidence.

How to claim loss of profits or business value?

Our expertise, on the issue of quantum of business loss, has traditionally related to the assessment of compensation called ‘disturbance’. In New South Wales, the legislation dealing with compensation entitlements, such as disturbance, is called the Land Acquisition (Just Terms Compensation) Act 1991. Similar legislation exists in other states of Australia. In recent years, lawyers across New South Wales are using different sections of this legislation to include claims for loss of profits or business value, including presenting claims for ‘special value’, ‘reinstatement’ and ‘injurious affection’.


The term ‘loss of profits’ in the context of a compulsory acquisition of land matter is assumed to relate to the loss suffered by the dispossessed owner of an interest in land, as a result of the interest in land being taken by the acquiring authority.


We have acted for numerous different government acquiring authorizes and high profile businesses. We are genuinely independent and resolution-focused.

Our expertise spreads across all stages of a compulsory acquisition of land matter

Pre-compulsory acquisition stage

We regularly act in the ‘pre-compulsory acquisition’ phase to quantify compensation entitlements impacting business owners, including:

  • Working with other suitable experts to quantify the costs to relocate a business and quantify the impact on the profitability of the business
  • A valuation of the business and other costs to terminate the business if it cannot relocate
  • We prepare credible and fully supported expert reports quantifying compensation claims in the context of the statutory framework dealing with compensation entitlements.
  • We work with acquiring authorities (and their lawyers and other advisers) and business owners (and their lawyers and other advisers) to facilitate agreement on the quantum of compensation.
  • We have acted for numerous different privately owned, large developers in relation to strata scheme renewals impacting freehold and leasehold interests used to operate a business in strata-titled buildings.

Post-compulsory acquisition stage

Acuity Forensic is also regularly instructed in land acquisition matters which have proceeded to the compulsory acquisition stage, involving a determination of compensation issued by the Valuer General.

  • We provide lawyers and business owners with independent and objective advice on whether the Valuer General’s determination should be accepted.
  • We have also been instructed to provide expert witness services in litigation involving the compulsory acquisition of land.

Our experts are regularly instructed by both solicitors acting on behalf of acquiring authorities and on behalf of affected business owners. Our experts have presented expert findings in conciliation conferences and during a final trial hearing in the Land and Environment Court of New South Wales.

Our Success

In matters where Acuity Forensic is engaged, we have a high level of success in facilitating an agreement between the business owner and the acquiring authority.

Our wealth of experience means:

  • We have an intimate understanding of entitlements to compensation under the law
  • We have gained credibility from working on hundreds of matters impacting a wide variety of businesses under instruction from both acquiring authorities or business owners
  • We are highly responsive, providing quick turnaround for our advice, reports and attendance at negotiation meetings;
  • We are to identify when experts with different expertise to ours can be used to assist with matters, adding credibility and support to the matter
  • We are trained in being able to handle highly stressful situations impacting business owners who are faced with the prospect of a forced relocation or extinguishment of their business and ‘holding our own’ in tense and difficult negotiations.

Forensic Accounting & Valuation Key Matters

Quantifying loss for the business owner in litigation

Expert reports and oral testimony given, instructed by the applicant, for use in proceedings in the Land and Environment Court of NSW, quantifying loss of profits assuming a relocation and extinguishment of fuel service station business and also opining on the appropriate assessment date for assessing loss of profits forming disturbance and interest on the quantum of disturbance awarded by the Court.

Financial settlements in hundreds of pre-compulsory acquisition matters

Acting in hundreds of separate and unrelated matters, accepting instructions either on behalf of a wide variety of affected business owners or numerous different acquiring authorities (including strata title property developers) in relation to formal announcements to acquire interests in land for infrastructure and strata scheme renewal projects requiring credible and persuasive expert quantum reports as part of high stakes and intense negotiations prior to a compulsory acquisition and also during a separate valuer general determination process.

Acting for the acquiring authority in litigation

Expert reports, instructed by the respondent, for use in proceedings in the Land and Environment Court of NSW quantifying loss of profits assuming a relocation of golf range operator business including establishing facts on ownership of assets and financial benefit assuming an entitlement to reinstatement of the leasehold interest.

Why Acuity Forensic?

Acuity Forensic is trusted by litigators and parties in dispute, including blue chip corporates and government departments, for high-quality expert advice, expert reports and ability to give credible testimony, to achieve a fair and sensible resolutions involving a financial dispute.

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