Full Court Minute Books

Case S186/2017

Attorney General for New South Wales v. Burns & Ors

Case No.


Related matters:

S183/2017 – Burns v. Corbett & Ors

S185/2017 – Burns v. Gaynor & Ors

S187/2017 – Attorney General for New South Wales v. Burns & Ors

S188/2017 – State of New South Wales v. Burns & Ors 

Case Information

Lower Court Judgment

3/02/2017 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Leeming JA)

[2017] NSWCA 3


Constitutional law – Diversity jurisdiction – Where resident of New South Wales made complaints to Anti-Discrimination Board of NSW about statements made by Victorian resident and Queensland resident – Where Victorian resident ordered to make apologies by Administrative Decisions Tribunal of New South Wales (ADT) – Where complaints against Queensland resident referred to New South Wales Civil and Administrative Tribunal (NCAT) – Where Court of Appeal held ADT and NCAT lacked jurisdiction – Whether Court of Appeal erred in failing to find state diversity jurisdiction retained by state tribunals – Whether Court of Appeal erred in concluding state law purporting to confer jurisdiction upon state tribunal with respect to matters identified in ss 75 and 76 of Constitution inconsistent with s 39(2) of Judiciary Act within meaning of s 109 of Constitution – Whether a state can validly confer judicial power in any matters dealt with in ss 75, 76 of Constitution on person or body that is not a “court of a State” – Whether judicial power conferred upon NCAT to determine matters under Anti-Discrimination Act 1977 (NSW) between residents of different states regarding conduct that occurs outside New South Wales.

Short particulars


22/06/2017 Determination (SLA, Adelaide)

06/07/2017 Notice of appeal

06/07/2017 Notice of constitutional matter (Appellant)

10/07/2017 Notice of contention (Third Respondent)

13/07/2017 Notice of contention (Second Respondent)

25/07/2017 Notice of constitutional matter (Third Respondent)

27/07/2017 Written submissions (Appellant)

27/07/2017 Chronology (Appellant)

17/08/2017 Written submissions (First Respondent)

17/08/2017 Written submissions (Third Respondent)

24/08/2017 Written submissions (Attorney-General for the State of Victoria intervening)

24/08/2017 Written submissions (Attorney-General for the State of Western Australia intervening)

24/08/2017 Written submissions (Attorney-General for the State of Tasmania intervening)

24/08/2017 Written submissions (Attorney-General of the State of Queensland intervening)

31/08/2017 Written submissions (Second Respondent)

31/08/2017 Written submissions in reply (Third Respondent)

14/09/2017 Reply

05/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

18/04/2018 Judgment (Judgment Summary)