InBrief

Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45

In these two appeals, separate questions were stated for the Appeal Panel’s determination concerning the jurisdiction and constitutional status of NCAT. The Appeal Panel held that the Tribunal exercises judicial power when hearing and determining matters under the Residential Tenancies Act 2010 (NSW) (RT Act), and has authority to do so because it is a “court of a State” for the purposes of Chapter III of the Constitution and s39 of the Judiciary Act 1903 (Cth). The Appeal Panel explained that the direct effect of this decision is that the Tribunal can hear and determine matters under the RT Act even if they are between residents of different States. The NSW Attorney General intervened in the proceedings under s44(4) of the Civil and Administrative Tribunal Act 2013 (NSW) and was represented by the Solicitor General.

In July 2017, the Tribunal approached the NSW Bar Association for assistance in nominating counsel to make submissions as Contradictor on a pro bono basis. Geoffrey Kennett SC and Celia Winnett made written and oral submissions as Contradictor, instructed by Ting Lim of the NSW Bar Association. The President of the Bar Association has expressed his gratitude on behalf of the Bar to Geoff, Celia and Ting for their important work on this matter.