Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Shirvington (No.3)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Shirvington (No.3) in the Federal Court of Australia. The dispute concerned the validity of certain notices issued by the Commonwealth under the *Lands Acquisition Act 1989* (Cth) and the proper interpretation of provisions within that Act relating to the compulsory acquisition of land.

The primary legal issues before the Court were whether the notices of intention to acquire and the subsequent notices of acquisition were validly issued, and whether the Commonwealth had properly exercised its powers under the *Lands Acquisition Act 1989* (Cth) in relation to the subject land. Specifically, the Court was required to consider the requirements for the service of notices and the definition of "land" for the purposes of the Act.

Judge Smith found that the notices of intention to acquire and the notices of acquisition were invalid. The Court reasoned that the Commonwealth had failed to comply with the mandatory requirements for service of notices as stipulated by the *Lands Acquisition Act 1989* (Cth). The Court held that the notices were not served in the manner prescribed by the Act, rendering them ineffective. Consequently, the compulsory acquisition process was found to be flawed.