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Reasonable costs/fees

The Land Acquisition (Just Terms Compensation) Act 1991 provides that costs or fees that are “reasonably incurred” are included in the amount of compensation determined.

The following is considered when assessing if costs have been reasonably incurred:
  • has documentary evidence been provided?
  • are the costs within a reasonable range for similar matters?
  • have the costs been incurred or are they likely to be incurred, as a direct result of the acquisition?

Professional associations may be engaged to review fees.

Costs that are found to be exorbitant are not considered to have been “reasonably incurred”.

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