(02) 8379 1277
law@fmlegal.com.au

Your Legal Guide: Watch & Learn

Watch more vidoes from FM Legal

We are the Compulsory Acquisition Experts

If you receive a call from a Government authority to advise that your land is being acquired and you have to move, we are the experts to call.

We are a specialist compulsory acquisition team that work tirelessly to fight for the right amount of compensation against the Government.

We have fought many cases at no charge at all to our clients – you do not pay us for our services as we claim our costs from the Government. Sometimes you literally have nothing to pay, yet, get the best team.

Sign Up to receive our
12-Step Process PDF

* indicates required

Hardship Precedent and Guidelines

Understanding Hardship Applications
If your property is zoned for future compulsory acquisition but you wish to sell it now, a hardship application allows you to compel the government to purchase your land within 90 days. Without this, acquisitions follow the government’s timeline, often years away.

Selling land zoned for acquisition can be challenging, as buyers typically avoid properties earmarked for compulsory purchase. Hardship applications address this by enabling fair and timely government acquisition.

Criteria for Hardship

Hardship applications are the only way you can force an acquisition if your land has been zoned for compulsory acquisition to occur at a time in the future, but you want to sell your land now. Without hardship applications, the government acquires land on its own timeline, which can be many years in the future under the Just Terms Act.

To qualify for hardship, you must prove:
1. Inability to sell the land
Provide proof of unsuccessful sales attempts, such as listings on platforms like Domain or Realestate.com or an agent’s explanation of why selling is unfeasible.
2. Urgent need to sell
Due to pressing personal, social, or financial reasons, such as moving interstate for work or avoiding income loss.
Both property owners must consent, with at least one demonstrating hardship.
Financial or personal evidence, such as company accounts or pressing needs, strengthens the case.

The Process

FM Legal prepares and submits your hardship application, and the acquiring authority must decide within 90 days. If successful, your land is valued as if the acquisition zoning didn’t exist. Alternatively, the zoning may be lifted, allowing open-market sales.

Legal Costs

Legal fees are recoverable after the hardship application is accepted, though there’s a potential risk of non-recovery. Initial fees range from $5,000 to $10,000, payable upfront, for preparing and lodging the application.

Compulsory Acquisition

FM Legal has extensive experience practising in the area of compulsory acquisition Law. Claims can be made for tenants as well as owners of land. A business that trades from a premises will usually have a separate claim for compensation.

Learn More

Subscribe to the Newsletter

* indicates required

Sydney Office

Level 13
111 Elizabeth St,
Sydney, NSW 2000
View Map

Brookvale Office

Suite 203
117 Old Pittwater Rd,
Brookvale, NSW 2100
View Map

Brisbane Office

Level 10
95 North Quay,
Brisbane QLD 4000
View Map
Contact Us
Liability limited by a scheme approved under Professional Standards Legislation
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram