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

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Odzic and another party. The dispute concerned the validity of a notice of intention to acquire land issued by the Commonwealth under the *Lands Acquisition Act 1989* (Cth). 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 the *Lands Acquisition Act 1989* (Cth), specifically concerning the provision of certain information to the landowners. The Court was required to determine if the information provided in the notice was sufficient to satisfy the statutory obligations of the Commonwealth.

Smith J reasoned that the *Lands Acquisition Act 1989* (Cth) imposed strict procedural requirements on the Commonwealth when acquiring land. The Court found that the notice of intention to acquire failed to provide the landowners with all the information mandated by the Act, particularly regarding the basis for the valuation of the land and the rights available to the landowners. This failure to comply with the statutory requirements rendered the notice invalid. Consequently, the Court made orders declaring the notice of intention to acquire the land to be invalid and of no effect.