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The High Court of Australia has ruled that the NSW Civil and Administrative Tribunal (NCAT) 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 of Australia surrounding this issue. 

“Today’s result shows his failure to act was completely inappropriate and with the verdict delivered will continue to cause numerous problems with parties unable to have their disputes resolved by NCAT in the future. 

“REINSW strongly lobbied the government to find a resolution and suggested replicating legislation in other states where the problems created by the NSW legislation does not exist,” she said.

“Amending the NCAT legislation with a similar section to that of Queensland’s would have quickly and effectively solved the problem.

“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. 

“This failure by the NSW Government to act exposes both tenants and landlords to additional issues other than the original dispute.

“The NSW Government must act swiftly and effectively and make amendment to the legislation through parliament as quickly as possible,” Ms Pilkington said.