Fairfax v Department of Natural Resources, Mines and Energy

Fairfax, the appellant, has brought an application against the Department of Natural Resources, Mines and Energy, the respondent, seeking an order that the respondent compensate Fairfax for land taken for the purposes of the Baralaba-Mundubbera Road Upgrade. The dispute came before the Queensland Land Court. The primary issue before the Court was whether the appellant had complied with the procedural requirements for compensation claims under the Land Act 1994 (Qld). Specifically, the Court had to determine whether Fairfax had engaged a valuer to negotiate with the respondent’s valuer, as required by the statutory provisions.

The Court found that the appellant had not fulfilled the necessary procedural steps to warrant compensation. Under the statutory scheme, an applicant must engage a valuer to negotiate with the respondent’s valuer. The Court emphasised the importance of these procedural steps, noting that they are intended to facilitate a resolution without the need for litigation. In this instance, Fairfax had not engaged a valuer, nor had it notified the Court of its intention to do so. The Court highlighted that failure to follow these steps could result in the matter being set down for hearing at the Court’s discretion. As a result, the Court adjourned the matter to allow Fairfax to engage a valuer and negotiate with the respondent’s valuer.

The Court ordered that Fairfax must engage a valuer within fourteen days and notify the Court of this engagement. After a further twenty-one days, the valuer must report to the Court on whether a settlement has been reached or if a hearing is necessary. The Court made it clear that failure to meet these conditions would result in the matter being set down for hearing at the Court's discretion. The Court also noted that the failure to comply with the statutory requirements could potentially result in the appellant forfeiting its right to compensation.