In compulsory acquisition proceedings under the Land Acquisition and Compensation Act 1986 (Vic), once a claim becomes a disputed claim referred to the Court or Tribunal, parties may make Calderbank offers and the court may have regard to unreasonable rejection of such offers under s 91(1)(b)(i) when exercising its costs discretion. The open offer scheme in Part 3 of the Act does not preclude this. Section 5A(3) of the Valuation of Land Act 1960 (Vic) requires potential uses to be taken into account in determining the highest and best use, but does not require a secondary potential use to be added to the highest and best use as a separate component of value.
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