Queensland Consolidated Acts

ACQUISITION OF LAND ACT 1967 - SECT 24

24 Reference of claim for compensation to Land Court

(1) Subject to this section either the constructing authority or the claimant may refer to the Land Court for hearing and determination the matter of the amount of the compensation.

(2) If the amount of the compensation has not been sooner agreed upon, the claimant may so refer that matter at any time after the date upon which the claimant delivered to the constructing authority a claim for compensation in accordance with the requirements of section 19 .

(2A) The claimant shall make the reference by filing in the office of the registrar of the Land Court copies of the claim delivered by the claimant to the constructing authority and of the notice of intention to resume and a gazette copy of the gazette resumption notice taking the land.

(3) The claimant shall not amend the claim filed by the claimant in the office of the registrar of the Land Court except upon leave granted by that court (which leave the court may grant upon such terms as it deems just, including terms with respect to the payment of costs).

(4) Upon the application of the constructing authority, the Land Court may order the claimant to file in the office of the registrar of the Land Court such further or other particulars with respect to the claim for compensation as, having regard to the provisions of section 19 , the court deems fit.

(4A) A claimant who fails to comply with such an order within the time specified therein shall be deemed not to have referred to the Land Court the claim in question.

(5) If the amount of the compensation has not been sooner agreed upon and—

(a) if the claimant has not sooner delivered to it a claim for compensation substantially in accordance with the requirements of section 19 , the constructing authority may so refer the matter at any time after the expiration of the period of 3 months next following the date of the gazette containing the gazette resumption notice taking the land; or

(b) if the claimant has delivered to the constructing authority a claim for compensation, the constructing authority may so refer that matter at any time after the expiration of the period of 3 months next following the date of the gazette containing the gazette resumption notice taking the land, unless the reference has been sooner made by the claimant.

(6) The constructing authority shall make the reference in the manner prescribed by subsection (2A) save that if the claimant has not delivered to the constructing authority a claim for compensation substantially in accordance with section 19 , then in the stead of a copy of the claim the constructing authority shall file a document containing or accompanied by all of the particulars required to be contained in or to accompany the claim so far as those particulars are known to it but, in relation to paragraphs (d) and (e) , stating amounts which it is willing to pay.