Gaynor v Attorney General of New South Wales

(2020) 102 NSWLR 123; [2020] NSWCA 48

NSW Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Chapter III
3. › Federal jurisdiction
4. › Diversity jurisdiction
5. › State tribunals
6. › Whether Part 3A of NCAT Act conferred or recognised federal diversity jurisdiction in NCAT
7. › Whether State legislature can confer federal jurisdiction
8. › Constitution, ss 75(iv), 76, 77(iii), Ch III
9. › Civil and Administrative Tribunal Act 2013 (NSW), Pt 3A, ss 34B, 34C
1. Constitutional Law (Cth)
2. › Section 117
3. › Discrimination against interstate residents
4. › Whether procedural requirements for diversity matters constituted disability or discrimination
5. › Whether s 117 operates by invalidating legislation or conferring immunity
6. › Constitution, s 117
1. Courts and Tribunals
2. › Jurisdiction
3. › State tribunals
4. › Authority to determine limits of own jurisdiction
5. › Whether NCAT's consideration of jurisdictional limits involved exercise of judicial power
6. › Civil and Administrative Tribunal Act 2013 (NSW), ss 34B, 34C
1. Courts and Tribunals
2. › Local Court of New South Wales
3. › Territorial jurisdiction
4. › Whether Local Court had jurisdiction over diversity suit involving internet publication
5. › Local Court Act 2007 (NSW), s 34

Quick Take

Practitioners in NSW anti-discrimination matters involving interstate parties should note that Part 3A of the NCAT Act provides a valid mechanism for such matters to be heard by the Local Court or District Court, and that NCAT's preliminary consideration of jurisdictional limits does not constitute an impermissible exercise of federal judicial power.