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Update: NCAT & Interstate Disputes

Update: NCAT & Interstate Disputes

In a win for common sense, NCAT can now hear interstate cases again! 

In February 2017 the Court of Appeal declared NCAT, which handles disputes between tenants and landlords, had no jurisdiction if one or more of the parties lives in another state. 

As a result, interstate parties had to commence proceedings in the Local or District Court after NCAT declined to hear the matter due to ‘federal diversity jurisdiction’. 

REINSW strongly lobbied the government to find a resolution and suggested replicating legislation in other states where the problems created by the NSW legislation does not exist. 

REINSW CEO Tim McKibbin said: "This has been a long-drawn-out saga which has been very unsatisfactory for agents, landlords and tenants. We understand that real estate agents can now attend NCAT hearings with interstate landlords and it is likely that the NCAT member will hear the case.'

 

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