Neighbour dispute resolution.
In this article, Northern Beaches construction lawyer, Clare Peacock, highlights problems that can occur when property owners are living in different states.
High Court restricts NCAT’s powers – Burns v Corbett
In Burns v Corbett [2018] HCA 15 the High Court unanimously held that NCAT does not have jurisdiction to hear matters between residents of different states, otherwise known as ‘diversity jurisdiction’ (see section 75 (iv) of the Constitution. In upholding the Court of Appeal decision the High Court determined that parts of the NCAT Act were invalid where they purported to confer jurisdiction upon NCAT for matters between interstate residents.
Further, under the Constitution, State Parliaments do not have the power to confer diversity jurisdiction on an administrative agency or tribunal which is not a “court of the State.”
Following the Court of Appeal decision NSW amended the NCAT Act in December 2017 to allow diversity jurisdiction matters to be referred to a court by NCAT.
This means that building cases under $500,000 involving interstate residents will have to be determined by the Local or District Courts.
Need legal advice?
Clare Peacock, Principal solicitor at Northern Beaches Construction Lawyers, provides practical advice on the many issues that can and do arise from residential living, building works, construction contracts, and strata living. These regulations are a complex web of statutes, by-laws, regulations, case law and know-how, and involving a number of parties and their obligations. It is important, when these issues arise, to involve a lawyer who is familiar with the specific area of law. This is where Clare can help.
Clare Peacock
Principal Solicitor
Northern Beaches Construction Lawyers