Practice and procedure - an update on federal diversity jurisdiction

Last year brought guidance on, and 2018 will see the ultimate clarification of, the ability of state tribunals to deal with disputes arising between residents of different states. This came in two forms: a decision of the NSW Court of Appeal which has since been appealed to and heard by the High Court, and amendments to the New South Wales Civil and Administrative Tribunal's (NCAT) enacting legislation.

Burns v Corbett; Gaynor v Burns [2017] NSWCA 3

Mr Burns, a NSW resident, complained to the NSW Anti-Discrimination Board about remarks made by Ms Corbett, a Victoria resident, and Mr Gaynor, a Queensland resident, which Mr Burns argued were public acts vilifying homosexuals in breach of the Anti-Discrimination Act 1977 (NSW).