State Tribunal unable to adjudicate on allegation of vilification by resident of another state due to limits on “diversity jurisdiction”

The NSW Court of Appeal held in February 2017 that the NSW Anti-Discrimination Board does not have jurisdiction to deal with complaints by a NSW resident about public acts by residents of other states.  The State tribunal is not a “court of a State” and so is unable to exercise judicial power to determine matters between residents of two States because the State law which purports to authorise the tribunal to do so is inconsistent with the conditional investment by s 39(2) of the Judiciary Act of all such jurisdiction in State courts, and therefore rendered inoperative by virtue of s 109 of the Constitution.

See the report of Burns v Corbett; Gaynor v Burns [2017] NSWCA 3; (2017) 316 FLR 448 in Jade: https://jade.io/article/519810

The High Court granted special leave on 22 June 2017: http://www.hcourt.gov.au/assets/registry/special-leave-results/2017/22-06-17Determin.pdf