We’re on your side
With the rollout of WestConnex, NorthConnex and the Sydney Metro project, more and more people are being notified by the government of the compulsory acquisition of their home or business premises.
Don’t believe government agents who tell you that the value of the property is predetermined. Don’t accept their initial offer. Get advice. You are entirely within your rights to insist on getting your own valuation and your own legal expert to argue for you.
Free legal help is available, but the government tries to hide this.
At Stacks Law Firm, we have years of experience helping people receive the compensation they deserve. We’re professional, we’re friendly and we’ll fight for your rights.
Why choose Stacks Law Firm?
effective and clients are in control of their own legal affairs
"Once the shock wore off after the NSW government informed me that my business premises were being compulsorily acquired, I engaged Digby to go in to bat for my law firm to broker the best possible financial compensation package.
Digby has been outstanding. He is clearly an expert in this complex area. He has been extremely proactive, reliable and communicative at all times and has skilfully negotiated a very good deal. I feel extremely fortunate to have had Digby on my side."
- DF, Sydney
We are experts in all types of property law
- Buying your home
- Buying a unit or strata property
- Buying a block of land
- Buying a rural property
- Selling your home
- Renting your home
- Tenancy disputes
Got some questions?
The government has a full-time team which specialises in taking away people’s homes and paying as little as possible. The staff at Roads and Maritime Services (RMS) have taken away a lot of properties and they do not have the property owner’s interests at heart. That’s why it’s important to have an expert on your side if you want to receive fair compensation for your property.
Anyone can afford to engage a top-notch lawyer because it’s effectively free. Fees for legal advice and expert assistance to a property owner under the acquisition process must be paid for by the government under a provision in the Land Acquisition (Just Terms Compensation) Act.
The reason for this is that the government has a lot of experience in compulsory land acquisition, whereas most land owners have never done it before. This is why the Act builds in protections for landowners, by paying their costs to obtain expert legal and valuation advice.
There are a number of claims which homeowners can make as part of the compensation package. The most substantial of these is obtaining a fair price for the property itself. Other claims include “solatium”, which recognises an emotional attachment to a home and “disturbance”, which recognises the cost of accommodating your needs (transport, disabled access, proximity to hospital or amenities), removalist costs, connection of phones and other services to the new home.
In addition, stamp duty and legal fees incurred in the purchase of a new home are fully claimable, as well as the refinancing fees for the mortgage.
Businesses facing compulsory acquisition of their premises can claim for certain costs. However, you need expert advice to get the best results.
Every business has different needs. Faced with compulsory acquisition, some can be relocated and some cannot. Those that cannot be relocated must be compensated for the total destruction of the business.
Relocation claims can include a vast range of expenses, including:
- cost of finding suitable new premises
- legal costs for the new lease and bank guarantees
- fitout of the new premises
- installation of any specialist equipment
- increased rent
- removalist fees
- setting up and testing new phone systems, data cabling and computer hubs to ensure a smooth transition with minimal business interruption
- advertising the new location
- printing new stationery
- cost of an organiser to manage logistics
- staff wages and overtime to help with the move
“I have fought for the rights of homeowners facing compulsory acquisition for 20 years, I know the system and I can stand up to the government to make sure they pay you proper compensation.”
- Digby Dunn, Director, Stacks Law Firm, Forster
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