Class 3 - Valuation, compensation and Aboriginal land claim cases
Proceedings in Class 3 include:
Proceedings in Class 3 include various different types:
- Aboriginal land claims
- claims for compensation by reason of the compulsory acquisition of land
- valuation objections under s 37 of the Valuation of Land Act 1916
- other appeals, in the miscellaneous appeals category.
Valuation objections are usually heard by Commissioners, mostly persons with special knowledge and expertise in the valuation of land.
Compensation claims are usually heard by a Judge, but at times assisted by a Commissioner with special knowledge and expertise in valuation of land.
Other matters assigned to Class 3, such as Aboriginal land claims, are heard by a Judge, assisted by one or more Commissioners appointed with qualifications under s 12(2)(g) of the Land and Environment Court Act 1979 including in relation to land rights for Aboriginal people.
Practice and procedure
Practice and procedure in Class 3 matters can be found in:
- Practice Note Class 3 — Compensation claims (PDF , 356.1 KB)
- Practice Note Class 3 — Valuation objections (DOC , 1.0 MB)
- Practice Note Class 3 - Aboriginal Land Claims (PDF , 124.7 KB)
- Practice Note Class 1, 2 and 3 — Miscellaneous appeals. (PDF , 73.6 KB)
- In 2019, Class 3 proceedings constituted 7% of the Court’s finalised caseload.
- Of the Class 3 matters finalised in 2019:
- 53% were compensation claims
- 28% were valuation or rating appeals
- 2% were Aboriginal land claims.
- 17% were other matters.
- In 2019, 89% of Class 3 matters were finalised by alternative dispute resolution processes and negotiated settlement, without the need for a court hearing.
- In 2019, 66% of Class 3 matters were finalised within 12 months of commencement. The median completion time for Class 3 matters was 265 days.
In 2019, Class 3 proceedings constituted 7% of the Court’s finalised caseload.