Cost implications for amended claims for compensation in Queensland

Key Points:

When a claimant amends a claim for compensation, what are the cost implications for the constructing authority? Recent Queensland Land Court decisions have taken different approaches.

A claimant is entitled to reasonable legal, valuation and other professional fees for preparing a claim for compensation.

When a claimant amends a claim for compensation, what are the cost implications for the constructing authority? Recent Queensland Land Court decisions have taken different approaches.

The approach taken by the Land Court in Inglis v State of Queensland makes it difficult for a constructing authority to prove that professional fees incurred were not reasonable. However, the decision in Cupo v Chief Executive, Department of Transport and Main Roads took a different approach and set a higher burden for the claimants.