We act for landowners whose land has been compulsorily acquired under the Land Administration Act 1997 for public purposes such as road, rail or other infrastructure projects. Entitlement to compensation in these circumstances is established by statute, but the amount is frequently in dispute. Questions may also arise as to whether the acquisition itself was validly made, and we advise and act on both.

We also act in matters involving injurious affection under the Planning and Development Act 2005. This arises where land has not been taken, but has been reserved under a planning scheme for a future public purpose, such as a road widening or public open space, in a way that restricts its use or diminishes its value. The landowner retains the land, but may be entitled to compensation for the loss caused by the reservation. The right to claim, and the amount recoverable, can turn on technical questions including the nature of the reservation, the timing of the claim, and the landowner’s title at the relevant date. Early advice is important.

In both contexts, we advise on entitlements, assess the strength of any challenge to the validity of the decision, and act in negotiations with the acquiring or responsible authority. Where a negotiated resolution is not achievable, we pursue the matter before the Supreme Court of Western Australia or the State Administrative Tribunal.

Our Approach

Experienced advice, negotiation and effective advocacy in compulsory acquisition and compensation matters

These matters often involve a landowner up against a well-resourced government agency, and getting the right advice early before positions become entrenched and offers are made, can make a significant difference to the outcome and amount of any compensation payable.

We help clients understand what they are entitled to claim, identify whether the acquisition or reservation itself can be challenged, gather the right evidence to support their position, and pursue their full entitlements under legislation.

Many compensation claims are resolved through negotiation rather than a final hearing, and we bring the same rigour to that process as we do to litigation. Where a negotiated outcome is not achievable, we are fully prepared to pursue the matter before the Supreme Court of Western Australia or the State Administrative Tribunal.