Western Australian Current Acts

LAND ADMINISTRATION ACT 1997 - SECT 216

216 .         Claimant whose title is disputed may apply to Supreme Court

        (1)         A claimant may, on being served with a notice disputing the claimant’s title to the whole or any part of the interest in land, after giving 8 days notice in writing to the acquiring authority, apply to a judge of the Supreme Court for an order —

            (a)         for a trial of any issues of fact the finding of which will be necessary to determine the question of title; and

            (b)         that any question of law arising from the dispute as to the claimant’s title to the interest may be set down for argument in order to obtain the opinion of the Court.

        (2)         A trial of the issues of fact is to be conducted and judgment given as upon the trial of the issues in a cause and with the same effect, and on an argument as to a question of law, a declaratory judgment may be drawn up in the same manner as a declaratory judgment in a cause and with the same effect.

        (3)         In a trial or argument under this section, the claimant may not, without the acquiring authority’s consent, adduce any deed or document in evidence of title which was not furnished with the claim or the further particulars, or included in the abstract accompanying the claim or particulars.

        [Section 216 amended: No. 4 of 2023 s. 92.]