Claims for costs of owner's time

It is well established in Queensland that a claim for costs attributable to disturbance can include reasonable expenses incurred in obtaining professional help (from lawyers, valuers, town planners and the like) in formulating a claim for compensation. Claims for owner's time are less clear cut.

Historically, the Courts in Queensland had consistently denied claims for owner's time spent in preparing a claim for compensation. That position shifted with the decision of the Land Appeal Court in Heavey Lex No 64 Pty Ltd v Chief Executive, Department of Transport (2001) 22 QLCR 177 (Heavey Lex). Following Heavey Lex, the costs attributable to the time spent by a claimant in preparing a compensation claim are potentially recoverable but only in certain, very specific, circumstances.