Burns v Corbett [2018] HCA 15 and the future of State administrative tribunals

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The High Court's decision Burns v Corbett significantly narrowed the jurisdiction of State tribunals. The High Court held that the Australian Constitution precludes a State tribunal, in this case the New South Wales Civil and Administrative Tribunal, that is not a 'court of a State' from adjudicating disputes involving any of the matters set out in ss 75 and 76 of the Australian Constitution, even when the dispute involves the application of State legislation. The decision affects all areas of law including anti-discrimination disputes, residential tenancy disputes, and building and construction disputes.

This seminar will examine the decision in Burns v Corbett and the legislative responses to it in various jurisdictions.