Legal FAQs

Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.
Am I entitled to compensation if Metronet works are impacting on my property?
Am I entitled to compensation if Metronet works are impacting on my property?

Yes – if any portion of your property is compulsorily taken (resumed) or entered for the purposes of carrying out the Metronet works.

Do I have to accept an offer from Metronet or a Government acquiring authority?
Do I have to accept an offer from Metronet or a Government acquiring authority?

No, you have the right to reject such an offer.

Am I obliged to negotiate the acquisition of my land by Metronet?
Am I obliged to negotiate the acquisition of my land by Metronet?

No, you under no obligation to negotiate. If a negotiated acquisition does not occur the State will compulsorily acquire your land. After the compulsory taking, you are entitled to make a claim for compensation against the responsible authority.

What am I entitled to as compensation?
What am I entitled to as compensation?

You are entitled to a number of heads of compensation, being not only the value of the land but also the impacts on the remaining balance of your property. This would include impacts on any business being carried on, relocation expenses, other disruption costs as well as an additional 10% consolation payment (or more if there are exceptional circumstances). 

What are my rights?
What are my rights?

Where land is compulsorily taken, and you lodge a compensation claim, the acquiring authority is then obliged to make a formal offer which you are not obliged to accept. In the case of a rejection of the offer, the acquiring authority is still obliged to offer to make an advance payment of compensation which you can accept without affecting your rights to have fair and just compensation determined.

Should I obtain legal advice?
Should I obtain legal advice?

We strongly recommend that you seek legal advice on your rights, the compensation process, and the options available to have a determination of your compensation rights.