The High Court has ruled that the NSW Civil and Administrative Tribunal does not have jurisdiction where one or more of the parties to the dispute are interstate.
The High Court has ruled that the NSW Civil and Administrative Tribunal does not have jurisdiction where one or more of the parties to the dispute are interstate.
REINSW President Leanne Pilkington said the NSW Attorney General made the decision to wait for the High Court surrounding this issue.
The verdict will mean numerous disputes will be unable to be resolved by the NCAT in future, she said.
“REINSW strongly lobbied the government to find a resolution," said Pilkington.
The REINSW suggested replicating legislation in other states where the problems created by the NSW legislation have not arisen.
“Amending the NCAT legislation with a similar section to that of Queensland’s would have quickly and effectively solved the problem," she said.
“This should have been done as soon as it was identified back in February 2017, when the Court of Appeal in the Burns v Corbett case declared NCAT, which handles disputes between tenants and landlords, had no jurisdiction if one or more of the parties lives in another state," she said.
CEO of the REINSW, Tim McKibbin, said, "The NSW Government must act swiftly and effectively and make amendment to the legislation through parliament as quickly as possible."
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