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ARTICLE · 27 FEBRUARY 2018

NSW Government Bulletin - 21 February 2018

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Although HC is yet to decide on jurisdiction of state tribunals the NSW Panel has come to its own conclusion. .

AustraliaLitigation, Mediation & Arbitration
Eleanor Grounds
Eleanor Grounds
Christine Jones
Christine Jones
Jack Collins
Jack Collins
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Chapter III or not Chapter III? That is the question (or not)...

Although the High Court is yet to hand down its decision concerning the jurisdiction of state tribunals in Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 (Burns), the New South Wales Civil and Administrative Tribunal Appeal Panel (the Panel) has come to its own conclusion.

The Panel held in Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 (Gatsby) that the New South Wales Civil and Administrative Tribunal (the Tribunal) is a "Court of a State" and can therefore exercise jurisdiction to determine matters between residents of two states.

Whilst at first blush this seems to deal with the same issues as those in Burns on which the High Court is reserved, there is an important difference.

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