NSW Civil and Administrative Tribunal (NCAT)

Changes to matters affected by federal diversity jurisdiction

Announcement - 4 December 2017

In February 2017, the NSW Court of Appeal in Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 found that NCAT may not determine matters between residents of different States. These matters are said to be within ‘federal diversity jurisdiction’. 

Legislative changes on 1 December to the Civil and Administrative Tribunal Act 2013 inserts a new part in the Act. This will allow interstate parties to commence proceedings in the Local or District Court after NCAT has declined to hear the matter due to federal diversity jurisdiction.

Which matters are affected?

Generally applications involving two natural people who at the time of lodging are permanent residents of different States.  

Applications not affected are where one of the parties is a corporation, a NSW government agency, resident of a territory, or a non-permanent resident of a different State. In addition, there is no problem if the matter does not involve the Tribunal exercising judicial power (e.g. administrative review applications).

New fact sheet

The following resource has been developed to help parties affected by federal diversity jurisdiction:

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