Webinar: Lessons from Desane - implications for valuers and lawyers (G181112)
This webinar was held on the 12 November 2018. A recorded version can be purchased HERE
This webinar addresses the original Supreme Court decision Desane Properties Pty.Ltd. v State of NSW  NSWSC (the Desane decision) and the subsequent reversal by the NSW Court of Appeal. The reversal of the Desane decision has arguably muddied the water regarding what valuers (and lawyers) need to know about the intended public works on acquired land. The Court of Appeal decision highlighted the problem for valuers in partial acquisitions where the public purpose has to be known well in advance of the actual compulsory acquisition in order to assess compensation arising for the impact on the adjoining land of the dispossessed owner.
However, where the whole property is to be compulsorily acquired (as in the original Desane matter), the Appeal Court held that the public purpose does not have to be revealed in any detail, creating effectively two classes of PAN and indeed compulsory acquisitions.
How this affects the six months negotiation period introduced in s.10A(2) Land Acquisition (Just Terms Compensation) Amendment Act 2016 is also important for those API members (valuers and lawyers) involved in negotiating a possible settlement of compensation on either side rather than have the matter fought out in the Land and Environment Court of NSW subsequent to a PAN being issued.
The webinar will cover:
- Differences between the cases Desane Properties v State of NSW (Desane #1) and Roads and Maritime Services v Desane Properties (Desane #2)
- What the Court of Appeal said:
- Substance v Form
- Proper Purpose – law and its interpretation and application
- Section 55(f) – whole v partial acquisitions - relevance of “purpose”
- Ascertaining Purpose
- An example
- Differences in wording of legislation empowering acquisitions
Greg Ross, Partner, Eakin McCaffery Cox, Lawyers.
Prof. John Sheehan
Partner, Eakin McCaffery Cox, Lawyers
Greg is an Accredited Specialist in Government and Administrative Law, and for 2017 /1018 Chair of the Law Society of NSW Advisory Committee on Government and Administrative Law (now Public Law). He is also a College of Law Adjunct Lecturer in Government law in the College’s Applied Law Program. In June this year he wrote a paper published in LEGALWISE NEWS (21 June) entitled "NSW Governments courts WESTCONNEX success against Desane Properties in Court of Appeal". In the paper Greg Ross looks at the issue of PANs and the public purpose for compulsory acquisition as held by Hammerschlag J. in Desane Properties Pty.Ltd. v State of NSW  NSWSC (the Desane decision). That paper was written before the Court of Appeal handed down its decision in Roads and Maritime Services v Desane Properties Pty Limited upholding the State Government's appeal which was the subject of a Legalwise News article published (11 October 2018).
Prof. John Sheehan
John is a practising Chartered Town Planner and Certified Practising Valuer and specialises in compulsory acquisition compensation advice, assessment and expert evidence.
He currently holds Adjunct Professorships at the University of Technology Sydney (UTS) and Bond University, and is the former Deputy Director of the Asia-Pacific Centre for Complex Real Property Rights at UTS. He is Chair of the Australian Property Institute's (NSW) Government Liaison Committee and has prepared submissions to both State and Commonwealth Government inquiries on a range of varied topics such as the 2018 Financial Services Bank Royal Commission and the 2014 David Russell SC Review of the Land Acquisition (Just Terms Compensation) Act 1991.
John was previously an Acting Commissioner with the Land & Environment Court of NSW, and earlier a Member of the Queensland Land Tribunal.
John has served as Desane's Chairman since 1992 and as a non-executive Director since 1987.
|12.15pm*||Please log onto the webinar link (link to be sent 24 hours prior)|
|* All listed times are AEST|
|API Student Members||$51|
|All fees are GST inclusive|
Attendance at this event accrues 1 CPD point.
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