Building: Residential Home Building Dispute - Defective Work (Owner) - Constitutional Diversity - Court Pathway (Burns v Corbett)

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.

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.

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