Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Morris

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, sought to terminate a long-term residential tenancy agreement with the respondent, Mr. Morris, who had occupied the premises for over 20 years. The dispute concerned the termination of this tenancy under section 94 of the *Residential Tenancies Act 2010* (NSW). 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, given the respondent's prolonged occupation and personal circumstances, and whether the termination of the tenancy agreement was lawful. Ancillary to these issues, the Court was required to consider the jurisdiction of the Federal Circuit Court, specifically whether the proceedings were properly constituted and whether any legislative instrument or action constituted an improper restraint on judicial power or an acquisition of property otherwise than on just terms.

Judge Smith found that the original tenancy agreement had expired and that the respondent had been duly notified of the termination. In considering the termination, the Court took into account the personal circumstances of the respondent and the predominant use of the premises. The Court ultimately granted the termination of the tenancy agreement. However, the order for vacant possession was suspended.