Burns v Corbett

Burns v Corbett involved a dispute between the parties over enforcement proceedings under the Anti-Discrimination Act 1977 (NSW). The matter was referred to the Supreme Court under section 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW) due to a potential contempt. The core issue was whether the Supreme Court should order a referral to itself to enforce the order given there were already concurrent enforcement proceedings in the Supreme Court. The secondary issue was the legislative framework for enforcing orders under section 108(2) of the Anti-Discrimination Act 1977 (NSW).

The court determined that a referral was unnecessary since there were already concurrent enforcement proceedings in the Supreme Court. The court emphasised that the referral mechanism under section 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW) was not intended to create additional layers of enforcement where existing processes were already in motion. The court also noted the importance of maintaining efficiency in enforcement proceedings and avoiding unnecessary duplication of effort. The court concluded that the legislative scheme under section 108(2) of the Anti-Discrimination Act 1977 (NSW) provided sufficient mechanisms for enforcing orders without the need for a referral.

The final orders were made in paragraph 167 of the judgment. The court declined to order a referral to itself for enforcement purposes and upheld the existing enforcement proceedings in the Supreme Court.