As a result, interstate parties had to commence proceedings in the Local or District Court after NCAT declined to hear the matter due to ‘federal diversity jurisdiction’.
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.
REINSW CEO Tim McKibbin said: “This has been a long-drawn-out saga which has been very unsatisfactory for agents, landlords and tenants.
“We understand that real estate agents can now attend NCAT hearings with interstate landlords and it is likely that the NCAT member will hear the case.
“However, this is subject to change depending on the directions hearing and High Court decision. We will keep our members up-to-date of any changes.”
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