This Act amends the South Australian Civil and Administrative Tribunal Act 2013 and the Magistrates Court Act 1991 to ensure that the Magistrates Court is able to exercise jurisdiction in any matter in which SACAT may be unable to because the matter involves an exercise of federal diversity jurisdiction.
The Act addresses the High Court decision in Burns v Corbett which had the consequence of preventing the South Australian Civil and Administrative Tribunal from exercising its jurisdiction in residential tenancy matters and also potentially other matters within its jurisdiction where the matter involves the exercise of judicial powers and involves residents of different States.
The Act will ensure that if SACAT is unable to exercise its jurisdiction because of Burns v Corbett, the Magistrates Court will be able to exercise the jurisdiction to resolve the dispute with the same powers and fees as SACAT. |