Attorney General for New South Wales v Gatsby

The proceedings before the Court of Appeal of New South Wales involved the Attorney General for New South Wales appealing decisions concerning the jurisdiction of the Civil and Administrative Tribunal of New South Wales (the Tribunal). The core dispute centred on whether the Tribunal, when exercising its power under section 87 of the *Residential Tenancies Act 2010* (NSW) to make orders terminating residential tenancy agreements, was exercising judicial power or administrative power. A further issue arose in circumstances where proceedings before the Tribunal involved parties from different States, raising the question of whether the Tribunal was a "court of a State" invested with federal jurisdiction under Chapter III of the Constitution and section 39 of the *Judiciary Act 1903* (Cth).

The Court was required to determine two primary legal questions. Firstly, whether the Tribunal's exercise of power under section 87 of the *Residential Tenancies Act 2010* (NSW) constituted the exercise of administrative power, as opposed to judicial power. Secondly, if the Tribunal was not exercising administrative power, whether it qualified as a "court of a State" for the purposes of Chapter III of the Constitution and section 39 of the *Judiciary Act 1903* (Cth) when dealing with interstate matters.

The Court reasoned that the power to terminate a residential tenancy agreement, as conferred by section 87 of the *Residential Tenancies Act 2010* (NSW), was not an exercise of judicial power. This conclusion was based on an analysis of the nature of the power, which did not involve the resolution of a dispute between parties in the manner characteristic of judicial power. Consequently, the Tribunal was not a "court of a State" for the purposes of Chapter III of the Constitution and section 39 of the *Judiciary Act 1903* (Cth). The Court allowed the appeals, set aside the orders of the Appeal Panel, and declared that the Tribunal lacked jurisdiction to determine the proceedings in question. The matters were remitted to the Tribunal for further dealing in accordance with the relevant provisions of the *Civil and Administrative Tribunal Act 2013* (NSW).