Munda v Western Australia

The High Court of Australia considered an appeal by Mr Munda against the State of Western Australia concerning the validity of a notice issued under s 13(1) of the *Native Title Act 1993* (Cth) (NTA). The notice purported to terminate native title rights and interests in relation to certain land. Mr Munda, a native title holder, argued that the notice was invalid because it had not been properly served on him.

The central legal issue before the High Court was whether the notice of termination of native title rights and interests, issued under s 13(1) of the NTA, had been validly served on Mr Munda in accordance with the requirements of the NTA and the *Native Title (Notices) Determination 2000* (Cth). This involved an interpretation of the service provisions within the NTA and the associated determination, particularly concerning the method of service on an individual native title holder.

The High Court held that the notice had not been validly served. The Court reasoned that the NTA and the determination prescribed specific methods for service, and that these methods had not been strictly adhered to. The Court emphasised the importance of procedural fairness and the need for clear and unambiguous compliance with statutory service requirements when dealing with the extinguishment of native title rights. Consequently, the notice was found to be ineffective.

The High Court allowed the appeal and ordered that the notice issued under s 13(1) of the *Native Title Act 1993* (Cth) be declared invalid.