High Court of Australia

Burns v Corbett [2018] HCA 15

Burns v Gaynor

Attorney General for New South Wales v Burns

Attorney General for New South Wales v Burns

New South Wales v Burns

18 Apr 2018

Case Number: S183/2017 S185/2017 S186/2017 S187/2017 S188/2017


Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ


Constitutional law (Cth) – Chapter III – Where complaints made under Anti-Discrimination Act 1977 (NSW) came before Civil and Administrative Tribunal of New South Wales ("NCAT") – Where parties to disputes residents of different States – Where common ground that NCAT exercised State judicial power in hearing and determining disputes – Where common ground that NCAT not a "court of a State" – Whether Ch III of Constitution contains implication preventing any party to federal compact from conferring adjudicative authority in respect of matters listed in ss 75 and 76 of Constitution on organ of government, federal or State, other than a court referred to in Ch III.

Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Where Civil and Administrative Tribunal Act 2013 (NSW) purports to confer jurisdiction on NCAT to determine disputes between residents of different States – Whether State law alters, impairs or detracts from operation of Judiciary Act 1903 (Cth), s 39(2).

Words and phrases – "adjudicative authority", "administrative tribunal", "alter, impair or detract", "belongs to or is invested in", "constitutional implication", "court", "court of a State", "diversity jurisdiction", "federal Judicature", "federal jurisdiction", "inconsistency", "integrated national court system", "judicial power", "jurisdiction", "matter", "negative implication", "residents of different States", "State jurisdiction".

Constitution – Ch III, ss 51(xxxix), 71, 73(ii), 75, 76, 77, 106, 107, 108, 109.

Judiciary Act 1903 (Cth) – ss 38, 39.

Anti –Discrimination Act 1977 (NSW), ss 49ZT, 114.

Civil and Administrative Tribunal Act 2013 (NSW) – ss 28(2), 29(1), 32.

Interpretation Act 1987 (NSW) – s 31.

PDF MD5: 97f006c36de31617e1ce92dcc3285d1a
RTF MD5: 639c476254e8025c156a94d0e6c21fd7