THE HIGH COURT’S DECISION IN BURNS V CORBETT: CONSEQUENCES, AND WAYS FORWARD, FOR STATE TRIBUNALS

The High Court decided in Burns V Corbett a Tribunal could not act as a court exercising judicial capacity on constitutional matter or within the matters set out in section 75 & 76 of the Constitution. A State tribunal has no jurisdiction in matters between States, or between residents of different States, or between States and a resident of another State. Additionally a Tribunal has no power to interpret the Constitution, that is within the original jurisdiction of the High Court.

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