High Court Registry closure

The High Court Registry will be closed from 4:00pm AEDT on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

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Badari v Minister for Housing and Homelands

[2025] HCA 48
Judgment date
Case number
D1/2025
Before
Gageler CJ, Gordon, Edelman, Steward, Gleeson JJ
Catchwords

Practice and Procedure – Jurisdiction – Jurisdiction of the Full Court of the Supreme Court of the Northern Territory on referral under ss 15 and 21 of Supreme Court Act 1979 (NT) – Where application for declaration referred for determination by the Full Court – Where the Full Court declined to accept the referral – Where parties subsequently made no submissions to the Full Court regarding application for declaration – Where the Full Court subsequently purported to order that application for declaration be dismissed – Whether the Full Court had jurisdiction to order dismissal of application – Whether regard may be had to extrinsic material in interpreting the Court's order.

Words and phrases – "decline to accept referral", "determination", "extrinsic material", "jurisdiction", "order", "public housing", "referral", "remote communities", "rent", "special leave to appeal", "tenant".

Housing Act 1982 (NT), s 23.

Housing Regulations 1983 (NT).

Residential Tenancies Act 1999 (NT), s 41.

Residential Tenancies Regulations 2000 (NT), Sch 2 cl 2.

Supreme Court Act 1979 (NT), ss 15, 18, 21.