Western Australia v Wilsmore

The High Court of Australia considered the dispute between Western Australia and Mr. Wilsmore concerning the validity of a notice issued under the *Land Act 1933* (WA). The notice purported to forfeit Mr. Wilsmore's interest in certain land, and Mr. Wilsmore challenged this forfeiture.

The central legal issue before the Court was whether the notice of forfeiture was validly issued and served in accordance with the requirements of the *Land Act 1933* (WA). Specifically, the Court had to determine if the notice complied with the provisions regarding the grounds for forfeiture and the procedural steps required for its issuance and service upon the registered proprietor.

The Court analysed the relevant sections of the *Land Act 1933* (WA), focusing on the conditions precedent to the exercise of the power of forfeiture and the strict requirements for notice. It was held that the notice of forfeiture was defective because it did not specify the grounds upon which the forfeiture was based, as required by the Act. Furthermore, the Court found that the service of the notice was also irregular, failing to meet the statutory requirements for effecting service on the registered proprietor. Consequently, the forfeiture was deemed invalid.