Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Shirvington (No.4)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Shirvington (No.4) 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) (the Act) in relation to land at Sydney Airport. Shirvington sought to challenge these notices, alleging they were invalid.

The primary legal issue before the Court was whether the notices of intention to acquire and the subsequent notices of acquisition issued by the Commonwealth were validly made. Specifically, the Court had to determine if the Minister for Infrastructure and Regional Development had properly exercised the power to acquire the land under the Act, and whether the notices themselves complied with the statutory requirements.

Smith J found that the notices were indeed valid. The Court reasoned that the Minister had the requisite authority to issue the notices, and that the notices themselves satisfied the procedural requirements of the *Lands Acquisition Act 1989* (Cth). The Court applied the principles of administrative law, including the presumption of regularity, to uphold the validity of the Commonwealth's actions. The application by Shirvington to have the notices declared invalid was dismissed.