Property

Yes, you can negotiate the price when the government seeks to acquire your land in Australia — the acquiring authority must offer fair compensation, and you have the right to object and seek independent valuation or review.

Yes, you are entitled to just terms compensation if the Australian government acquires your land for a highway under federal or state law.

Under Australian law, the acquiring authority must pay compensation within 30 days after the acquisition date or after the amount is agreed or determined — whichever is later.

Yes, you may be entitled to compensation for financial loss caused by a pre-acquisition declaration that reduced your property’s value, even if the government later abandoned the acquisition — provided the declaration was made under Part 3 of the Land Acquisition Act 1989 (Cth) or equivalent state legislation.

In Australia, 'public purpose' is defined in state and territory compulsory acquisition laws — it generally means a purpose beneficial to the community, such as infrastructure, health, education, or environmental protection.

When negotiating a higher price for compulsorily acquired farmland in Australia, factors like market value, disturbance costs, severance loss, and special value to the owner are considered under the Lands Acquisition Act 1989 (Cth).

You retain your existing property rights, but the native title claim may affect future dealings with the land. Your rights are protected under the Native Title Act 1993, and you must be notified and consulted during the claim process.

Yes, the government can extinguish native title rights by granting certain types of leases — specifically exclusive possession leases — but not all leases automatically do so. The effect depends on the nature and terms of the lease.

You may still develop the land, but only after complying with native title procedural rights — including giving notice, negotiating in good faith, and potentially obtaining consent or a future act determination.

No, native title holders generally cannot claim exclusive possession over Crown land unless the land is vacant Crown land and no inconsistent prior grant or use exists.

Yes, you likely need federal and state approval before building if a threatened species is present on your land in Australia.

In Australia, federal environmental laws that may apply to tree clearing include the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which protects matters of national environmental significance — such as threatened species, migratory birds, and World Heritage areas.

Yes, you may be able to take legal action under federal or state environmental laws — especially if the wetland is listed under the EPBC Act or protected under state legislation.

Yes — finding a threatened species after approval may trigger new legal obligations under federal and state environmental laws, potentially requiring referral, assessment, or approval variation.

Yes, the EPBC Act requires consideration of climate impacts — including greenhouse gas emissions — for coal mine proposals that are likely to have a significant impact on matters of national environmental significance.

No, you do not automatically have to allow access — the mining company must negotiate with you and obtain your written consent or a statutory agreement approved by the relevant state authority.

Buyers of off-the-plan units in Australia may seek remedies including contract termination, compensation, or price reduction if marketing about floor sizes was misleading, under the Australian Consumer Law.

Yes, claiming 'ocean views' in a real estate ad when trees block the view is likely misleading under Australian consumer law, as it creates a false impression about a key feature of the property.

Yes, selling your investment property below market value without proper marketing may be misleading or unconscionable under the Australian Consumer Law, especially if the agent failed to act in your best interests or provide transparent advice.

You may have rights under the Corporations Act 2001 (Cth) to complain to ASIC, seek compensation, or take legal action if the REIT’s responsible entity breached its duties.

Yes, you may be entitled to a full refund of your investment if the managed investment scheme was not registered with ASIC as required by law.

The main remedy for a property manager breaching fiduciary duties is compensation for loss suffered by the fund, and courts may also order account of profits, injunctions, or removal from office.

Unitholders can request information, call a meeting to remove the responsible entity, or apply to ASIC or the court if fees breach the trust deed or Corporations Act requirements.

Yes, you can challenge a development refusal based on heritage impacts by appealing to the relevant state or territory planning tribunal within strict time limits, usually 20–28 days.

You must not damage, disturb, or interfere with the Aboriginal sacred site without prior approval from the relevant state or territory Aboriginal heritage authority. Penalties for breach can include heavy fines and imprisonment.