A Comprehensive Guide to the Provisions of Compensation for Land Acquisition in Australia

Australia is a big country with six states and two territories. They are New South Wales, Queensland, South Australia, Western Australia, Tasmania, Victoria. (North and Australian capital. The total area of Australia is 768 million hectares with a population of 2.41 crores people.

Just like any other country, Australian government acquires land from its inhabitants for the construction of roads, cities, gas pipelines, railway tracks, etc. In exchange for the acquired land, it provides the compensation amount to the people. Today, in this article, we will talk about the provisions of compensation for land acquisition in Australia and try to understand how individuals can get a reasonable sum of the compensation amount.

The Land Administration Act 1997

As per the Land Administration Act 1997 (LAA), Australian government can acquire land for public works. The Minister for Land, the Department of Regional Development and Lands, the State and local governments, agencies with own special statutory powers and property acquisition staff monitor the process of land acquisition in Australia.

In most of the cases, the land purchasing Agency makes it mandatory for the landowner to go through the registration process and agree to a fixed price after the evaluation of the land. On the other hand, the government also uses compulsory acquisition if serious attempts at negotiation have failed, Land is urgently needed for public works and the landowner is agreed to section 168 (1) (b) of the PTA.

In order to complete a mandatory land acquisition process, the concerned agency needs Proof of negotiation, Indemnity to the Minister for Lands against any claims or costs, evidence of an owner’s consent to acquisition and a statement from the local government (section 56 of the LAA) that the land is needed for the construction of roads.

To acquire the land, A Notice of Intention to Take (NOITT) should be lodged with land gate and registered against the relevant title and must be published in newspapers. The Documents must also be served to owner, occupier, or any related parties. The notice contains the full Info about the relevant land, the interest in land, public work details, reasons why the land is suitable for acquisition, etc.

The landlord can object the acquisition of land within 60 days of registration of the NOITT. So, the landowner can ask for the return of the acquired land if the land was acquired one year ago but has not been used for the intended work or it can be sold jointly by its former owner if unused.

The power of state or local governments in land acquisition

The LAA allows the state or local governments to conduct surveys and perform feasibility surveys or to commence work for the urgent acquisition of lands. For such works, notice must be given in advance as shown in the chart:

Entry for the feasibility study 30 days (s182)
Railways, under a Special Act  7 days (s183)
Entry for the survey, inspection 48 hours (s184)
Entry for temporary occupation 7 days (s185)
Entry for the urgent beginning of the work 7 days (s186)

 

Land Acquisition Compensation

All those government agencies that acquire land from individuals are responsible for providing the compensation amount to the needy people. The state department involves in land acquisition and acts from the side of client agencies. The client agencies talk about the compensation amount for the acquired land as per the provisions of LAA.

In general cases, government agencies evaluate the base price and current market price of the land and offer the compensation amount to the people accordingly. In case of dispute, related parties can negotiate with the help of a local property lawyer and strike a mutually beneficial deal. The lawyer can help you in the survey and plan preparation, negotiation with government agencies, legal complexities and fulfill the procedural requirements of the NTA.

 

Final Words

Land acquisition in Australia is a common happening. The federal and state governments acquire land for public works. By following the above-mentioned tips, you can have a fair compensation from the government in exchange for the acquired land.

Michael Birch  is a senior Corporate & Civil lawyer at Law office of Sydney, Australia and focuses his practices in the areas of Building Construction Law, Civil Litigation, Commercial Contracts, Commercial Litigation, Domestic and Commercial Conveyancing, Probate, Mediations, Conciliations and Arbitrations. Mr Michael has extensive knowledge in real estate development, real estate finance, real estate lending, asset management, asset purchase and sales, commercial leasing, mixed-use development and planned communities, including condominium ownership.

Know Your Rights if Your Wages are Garnished

Wage garnishments are no laughing matter. They can reduce your paychecks by hundreds of dollars each month, severely compromising your ability to pay rent, stay on top of other bills, and keep food on the table.

You don’t have to accept a low quality of life just because a creditor has started garnishing your wages. There are a few things you can do, according to a Columbus wage garnishment attorney, to stop your wages from being garnished.

Take a close look at the details of your garnishment judgement

Even if you owe creditors money, it is important that every T is crossed and every I is dotted. Without adhering to the proper process, creditors can garnish your wages unfairly, stomping on your rights in the process. The trick is to take a close look at the judgement in your wage garnishment case.

Is the address on the judgement correct? Something this simple may be grounds for stopping or postponing garnishments. In addition, only up to 25 percent of your income can be garnished. If more than that is being taken from your paycheck, you have grounds to stop the process and possibly eliminate the garnishments altogether. Digging into the details of the account you have with the creditor who is garnishing your wages is a good idea as well.

Because there are a lot of details to comb through, it’s a good idea to enlist the help of a professional attorney. They know where to look and what to look for, identifying potential problems much more quickly and accurately than you can on your own.

Consider filing for bankruptcy

If there are no discrepancies in your garnishment judgement, but you’re really struggling financially, bankruptcy may be a viable option.

Both Chapter 7 and Chapter 13 may be able to eliminate or reduce your garnishments. With Chapter 7, any garnishments being taken from a credit card provider will be eliminated, while Chapter 13 will include garnishment payments in a repayment plan.

Unfortunately, there are payments, such as alimony and child support, that can continue to be garnished even if you have filed for bankruptcy. In addition, filing for bankruptcy won’t stop the garnishments immediately. To make sure bankruptcy is in your best interest, and if so, that it actually stops your garnishments, you should consult with a professional attorney.

Professional help from a wage garnishment lawyer is a must

The bottom line is that you still have rights, no matter what your financial situation, and you deserve to be protected from unfair or detrimental wage garnishments. Unfortunately, figuring out those rights is extremely difficult because the legal system is so complex. Every case is different, and every state does things a little differently.

If you’re putting up with wage garnishments that are severely affecting your quality of life, schedule an appointment with our Columbus wage garnishment attorney. We can dig through the details of your case, providing you with options and solutions that will help you get your life back on the right track.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

When Do You Need to Hire a Workmans Comp Attorney Macon

Being injured is never good but the experience happens to be much worse when you get hurt while trying to do your own job at the workplace. True, your employer needs to provide you with workman’s compensation when the fault had not been yours but unfortunately, there is many a slip between the cup and the lip and you might find yourself being deprived on account of performing your duty.

No worries! You can always seek out an able workmans comp attorney Macon and demand what is rightfully yours. You are entitled to claim damages by the law and no employee or insurance company can cheat you out of your legitimate claim. However, you need to think objectively and decide whether you can represent yourself successfully instead of paying a good amount as the lawyer’s fee. Rest assured, most firms operate on a contingency basis and will not charge you any fee until and unless the case is settled in your favor.

However, it becomes mandatory to hire a specialized workers compensation attorney Macon when your case happens to be complex that requires the expertise of a legal professional. Here are a few scenarios that you just cannot ignore and have to get in touch with a qualified professional. Do check…

Claim is denied – Many employers in conjunction with the insurance carrier deny the rightful claims of their employees in the hope that the employees would be too intimidated to appeal. Do not make this mistake therefore and contact an attorney ASAP.

Insufficient Benefits – The amount that had been settled for you to receive happens to be inadequate. It does not cover your expenses or the amount you lost in wages while you were being treated for your injuries.  Do not be prepared to accept an unfair settlement though. Get an expert to help you with it and appeal for a better settlement that will do you justice.

Discrimination – Filing a worker’s comp claim is your right and you are entitled to the compensation as per the law of the country. Do not allow yourself to be subject to discriminatory practices afterwards though. Assert your rights and appeal for justice by contacting a quality lawyer if you find your employer has sacked you or reduced your wages and absolved you from the responsibilities that you had handled earlier.

Your attorney will not only represent you in court but will also be able to collect the evidence on your behalf. Drawing up a settlement is also the forte of lawyers as is representing you at trials or negotiating with the insurer.

This article is written by Westmoreland, Patterson, Moseley & Hinson, L.L.P. Team. Westmoreland, Patterson, Moseley & Hinson, LLP, has been representing people with legal needs for over 50 years. Our law firm uses the vast resources available and we have the experience needed to handle successfully a wide range of complex legal issues

Contact the best divorce lawyer in Boynton Beach

Marriage disputes are now a rising factor in the United States. While most people try to solve the disputes by negotiating, sometimes the disputes become serious in nature. And when it does, the matter reaches the court. That’s where all the complicated factors of a marriage dispute come in. The whole divorce filing procedure is complicated, and the parties filing for a divorce must have a sound knowledge of the Florida divorce policies. But not all people are well aware of the state laws. Fortunately, there are professional lawyers to help people who want a legal assistance. Divorce lawyer Boynton Beach offers their services to the people who require an understanding of the entire divorce filing procedure. DIVORCE MEDIATION: FEW FACTS ONE NEEDS TO KNOW

 

Why do you need a divorce attorney?

Divorce is the ultimate difficult step people consider when they give up on their marriage lives. And this is the phase when people fail to make right decisions. The divorce period causes mental stresses, and people fail to get over the trauma. With a divorce lawyer Boynton Beach, however, people would feel safe to work with. The lawyers offer legal as well as emotional assistance to their clients. They not only make sure that their client successfully files for a divorce; they also ensure that their clients get the assets/ property post-marriage. The attorneys keep themselves updated with the Florida divorce policies. Hence, if you want assistance in case of a marriage dispute, the lawyers’ knowledge and experience would prove to be the most beneficial factor for you.

 

Benefits

Getting a divorce is a complicated process. The person filing for a divorce needs to complete legal paper works and visit the court for frequent hearings. Besides, the divorce is not just about the official breakup between two people. Certain factors such as child custody, child care, alimony, property distribution and division between the responsible parties, and etc. matters while getting a divorce. Here, having a divorce attorney could help the person put forward his claims in the court and get his/ her share of property legally. Besides, the lawyer ensures spousal assistance post-judgment period.

 

Conclusion

While you can file a divorce on your own, it is always recommended that you have a divorce lawyer Boynton Beach as your legal assistant. Having a lawyer fastens the court hearing procedures. Besides, the lawyer prevents you from committing mistakes which might lead to the loss of property, assets, or child custody to your partner.

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Infographics: 1st DUI vs 2nd DUI – What Are The Consequences

1st DUI vs 2nd DUI - What Are The Consequences

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.