Legal Project Management Plan & Checklist
Use this fork when the constitutional triage at intake reveals that the builder is a permanent resident of an Australian state other than NSW, or is a company incorporated and operating interstate. Following the High Court's decision in Burns v Corbett [2018] HCA 15, NCAT is not a court of a State for Chapter III constitutional purposes and cannot exercise jurisdiction over disputes between residents of different states. This fork redirects the matter to the correct court: NSW Local Court for claims up to ,000, or NSW District Court for claims up to ,000.
This fork operates in the NSW Local Court (claims up to ,000) or NSW District Court (claims up to ,000). If the claim exceeds ,000, the NSW Supreme Court has unlimited jurisdiction. Full formal court procedures apply under the Evidence Act 1995 (NSW), including formal pleadings, discovery, and the requirement to brief counsel for hearings. Verify current guidelines on the official NSW Legislation.
A protective NCAT application may be filed to preserve the limitation period, but the Tribunal will formally decline jurisdiction and issue a Decline of Jurisdiction Letter. The Part 3A CATA workaround is invoked to transfer proceedings to the appropriate court, or alternatively, a Notice of Discontinuance is filed in NCAT and a fresh Statement of Claim is filed directly in court. A filing fee credit under s 34B CATA is applied for. The evidence package assembled for the Building Commission NSW complaint is reformatted for formal court pleading requirements. The Scott Schedule is reformatted as a schedule to the Statement of Claim. Formal court case management directions are obtained.
Key legislation: Civil and Administrative Tribunal Act 2013 (NSW) s 34B (filing fee credit on transfer), Part 3A (transfer of proceedings to court); Home Building Act 1989 (NSW) ss 18B and 18E (implied warranties and limitation periods, which continue to apply in court proceedings); Evidence Act 1995 (NSW) (applies in full in the Local Court, District Court, and Supreme Court, unlike NCAT where the Evidence Act is a guide only). Burns v Corbett [2018] HCA 15 (absolute constitutional bar - cannot be waived by consent); Attorney General for New South Wales v Gatsby [2018] NSWCA 254 (confirmed scope of the constitutional bar for NSW tribunals including NCAT). Practical note: a company incorporated in NSW but with its principal place of operations in another state may be treated as interstate for the purposes of the constitutional bar - examine both the registered office and the actual centre of administration.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Building: Residential Home Building Dispute - Defective Work (Owner) - Constitutional Diversity - Court Pathway (Burns v Corbett) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CONSTRUCTION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
The constitutional bar is formally confirmed on the record. The matter can now be transferred to the appropriate court forum using the Part 3A CATA workaround.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Burns v Corbett [2018] HCA 15: Held that NCAT is constitutionally incapable of exercising federal jurisdiction - that is, jurisdiction in matters between residents of different states under s 75(iv) of the Commonwealth Constitution. This is a fundamental jurisdictional bar that cannot be cured by consent, waiver, or agreement between the parties.
Attorney General for New South Wales v Gatsby [2018] NSWCA 254: The NSW Court of Appeal confirmed the full scope of the Burns v Corbett principle as it applies to NCAT, including matters arising under NSW-specific legislation like the HBA.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Burns v Corbett [2018] HCA 15: NCAT is not a court of a State for Chapter III purposes and cannot exercise jurisdiction over matters between residents of different Australian states. Attorney General for New South Wales v Gatsby [2018] NSWCA 254: confirmed the scope of the bar for all NSW tribunals. The test for a company is not merely the state of incorporation but also the state of its principal place of business - where the company's central management and control is exercised. A company incorporated in NSW but centrally managed from Queensland may still trigger the bar. Practitioners should examine the ASIC registered office, the address of the principal officers, and where board meetings are held.
Proceedings formally commenced in the correct court forum. Limitation period protected.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
All evidence is in court-compliant form and the matter is managed through the court's standard civil case management process.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
The FCFCOA Building and Construction Division was established under the Federal Circuit and Family Court of Australia Act 2021 (Cth). It has jurisdiction over building disputes where there is a federal element - typically an overseas party or a concurrent Australian Consumer Law claim. The Federal Court Rules 2011 (Cth) apply, including strict discovery obligations and the requirement for expert reports to comply with the Expert Witness Practice Note (GPN-EXPT). NSW District Court remains the most efficient forum for standard interstate-party home building disputes where the quantum is below $750,000.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
The FCFCOA Expert Witness Practice Note (GPN-EXPT) requires that expert reports include: (1) a statement of the expert's qualifications; (2) a statement of the facts and assumptions on which the report is based; (3) the expert's opinion on each issue; (4) the reasons for each opinion; (5) any literature or other material used in forming the opinion; and (6) a declaration of compliance with the practice note. Reports prepared for NCAT under the NCAT Expert Witness Code of Conduct will generally need to be supplemented to include the GPN-EXPT declaration and the formal instruction disclosure. A court that finds an expert report fails to comply with GPN-EXPT may refuse to admit the report or impose costs consequences.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.