Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Odzic & Anor

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, sought possession of premises from the respondents, Odzic & Anor. The dispute concerned the termination of a periodic tenancy agreement for the premises, which the respondents had occupied for less than 20 years. The Commonwealth had notified the respondents of the termination of their tenancy agreement.

The Federal Circuit Court was required to determine whether the termination of the tenancy agreement was valid under section 85 of the *Residential Tenancies Act 2010* (NSW). Further issues arose regarding the predominant use of the premises, whether there was an inducement for the respondents to enter into the tenancy, and the jurisdiction of the Federal Circuit Court to hear the matter, including questions about the exercise of judicial power and the lawfulness of a legislative instrument. The court also considered whether the proceedings were properly constituted.

Judge Smith found that the termination of the tenancy agreement was valid and granted the order for vacant possession. However, the order for vacant possession was suspended. The court's reasoning addressed the specific requirements for termination under the relevant NSW legislation and considered the broader constitutional and procedural arguments raised.