PMT Partners Pty Ltd (in liq) v Australian National Parks and Wildlife Service

The High Court of Australia considered an appeal by PMT Partners Pty Ltd (in liq) against a decision of the Australian National Parks and Wildlife Service. The dispute concerned the validity of a notice issued by the Service under section 66(1) of the *National Parks and Wildlife Conservation Act 1975* (Cth) (the Act) requiring PMT Partners to take certain actions to prevent damage to a national park. PMT Partners contended that the notice was invalid because it had not been properly served.

The central legal issue before the High Court was whether the notice issued by the Australian National Parks and Wildlife Service was validly served on PMT Partners Pty Ltd in accordance with the requirements of the *National Parks and Wildlife Conservation Act 1975* (Cth) and, if not, what the consequences of that invalidity would be. This involved an examination of the statutory provisions governing service of notices under the Act and the common law principles relating to the validity of such notices.

The High Court, in a joint judgment, held that the notice was not validly served. Their Honours reasoned that the Act required personal service of the notice, or service in a manner prescribed by regulations which had not been made. The Service had attempted to serve the notice by posting it to the registered office of PMT Partners, which was insufficient. Consequently, the notice was ineffective and could not impose obligations on PMT Partners. The Court allowed the appeal, setting aside the notice and the orders made by the lower court.