Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Minici & Anor (No.2)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Minici & Anor. The dispute concerned the validity of a notice of intention to acquire land pursuant to section 192 of the *Lands Acquisition Act 1989* (Cth) (the Act). The proceedings were heard in the Federal Court of Australia before Smith J.

The primary legal issue before the Court was whether the notice of intention to acquire the land was invalid due to a failure to comply with the procedural requirements of section 192 of the Act. Specifically, the question arose as to whether the notice adequately identified the land to be acquired and whether it was properly served on the respondents.

Smith J considered the wording of section 192(1) of the Act, which requires a notice of intention to acquire land to "specify the land" and be "served on the owner of the land". His Honour found that the description of the land in the notice, while not containing a full legal description, was sufficient to identify the specific parcel of land intended for acquisition, particularly when read in conjunction with accompanying plans. Furthermore, the Court determined that the service of the notice on the respondents, who were the registered owners of the land, was effective in satisfying the requirements of the Act. The Court applied the principle that statutory provisions should be interpreted to give effect to their purpose, and that minor technical defects in a notice will not necessarily invalidate it if the substance of the notice and its service are otherwise compliant.

The Court dismissed the application by the respondents to have the notice of intention to acquire declared invalid.