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

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, sought possession of premises from the respondent, Mr. Stephens. The dispute concerned the termination of a periodic tenancy agreement for a property. The matter came before Judge Smith.

The primary legal issue before the court was whether the Commonwealth was entitled to terminate the periodic tenancy agreement under section 85 of the *Residential Tenancies Act 2010* (NSW) and obtain an order for vacant possession of the premises. A related procedural issue concerned whether the proceedings had been properly constituted.

Judge Smith found that the respondent had been in possession of the premises for less than 20 years. The court determined that the predominant use of the premises was residential. Applying section 85 of the *Residential Tenancies Act 2010* (NSW), which permits termination of a tenancy agreement by the landlord in certain circumstances, the court granted the termination of the tenancy agreement.

The court made orders for vacant possession of the premises, however, these orders were suspended.