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Land Law & Property Cases

Ahern v Brisbane City Council [2025] QSC 220

5-9-25 / Michael Trim KC — Judicial Review & Administrative, Land Law & Property

Michael Trim appeared for the defendant, instructed by City Legal – Brisbane City Council. In summary, this proceeding concerned a dispute about an easement and access to land. The particular Application concerned, amongst other things, whether an abuse of process occurred because of the plaintiff commencing two proceedings (in 2003…

Walker Road Pty Ltd v Valuer-General [2025] QLC 19

5-9-25 / John Ware — Land Law & Property

John Ware represented the respondent, instructed by Clayton Utz. This case concerned a challenge to the Valuer-General’s valuation of land owned by the appellant. The appellant raised two grounds in its challenge. First, that the land was used for farming; and alternatively, that the land was used as a single…

Enkelmann & Ors v Stewart & Anor (No. 3) [2025] QSC 206

28-8-25 / Matthew Jones KC — Land Law & Property

Matthew Jones KC (with G Handran KC) represented the first and second defendants, instructed by 23 Legal. The primary legal issues considered were whether the plaintiffs should pay the defendants’ costs of the plaintiff’s on the indemnity basis pursuant to rr 681 and 702 of the Uniform Civil Procedure Rules…

Genamson Holdings Pty Ltd v Moreton Bay Regional Council [2025] QLAC 2

19-8-25 / Rob Anderson KC — Appellate, Land Law & Property

Rob Anderson KC (leading WDJ Macintosh) appeared for the appellant, instructed by HWL Ebsworth. The primary legal issues considered were whether compensation under s 16(1A) of the Acquisition of Land Act 1967 (Qld) (‘ALA’) is limited to legal valuation, or other professional costs reasonably incurred in connection with the consideration…

Philip Usher Constructions Pty Ltd v Cross River Rail Delivery Authority & Anor [2025] QLC 18

15-8-25 / Rob Anderson KC — Land Law & Property

Rob Anderson KC (with JS Brien) represented the respondent, instructed by Ashurst. The proceeding concerned a right to compensation for the resumption of land. The applicant had subsequently acquired the subject land and sought a declaration that, by operation of a Deed of Assignment, it had, or could exercise, the…