Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Jelfs and Anor (No.2)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, sought to terminate a long-term residential tenancy agreement concerning premises occupied by the respondents, Mr. and Mrs. Jelfs, for over 20 years. The dispute arose after the original tenancy agreement expired and the Commonwealth notified the respondents of the termination. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether the long-term tenancy agreement ought to be terminated, and if so, whether the termination should be granted, considering the personal circumstances of the respondents. Ancillary issues touched upon the jurisdiction of the Federal Circuit Court, the exercise of judicial power, and the lawfulness of any relevant legislative instrument, particularly in relation to the acquisition of property on just terms.

Judge Smith considered the provisions of section 94 of the *Residential Tenancies Act 2010* (NSW), which allows for the termination of a tenancy agreement in certain circumstances, including where the premises are required for a purpose other than residential tenancy. The Court found that the Commonwealth had established grounds for termination. However, in light of the respondents' long occupancy and personal circumstances, the Court granted the termination of the tenancy agreement but suspended the order for vacant possession to allow the respondents time to find alternative accommodation.