Commonwealth of Australia v Rigney & Anor (No.3) [2015] FCCA 3133 and Related Cases

ADMINISTRATIVE LAW – Commonwealth tenancy dispute – termination of long term tenancy agreement under section 94 of the Residential Tenancies Act 2010 (NSW) – respondents in possession of the premises for over 20 years – whether long-term tenancy agreement ought to be terminated – original tenancy agreement expired – respondents notified of termination – predominant use of premises – consideration of personal circumstances of respondents – consideration of the applicant’s interests – termination ordered – appropriate date for vacant possession – order for vacant possession suspended.

CONSTITUTIONAL LAW – Jurisdiction of the Federal Circuit Court of Australia – judicial power – improper restraint on judicial power – acquisition of property other than on just terms – whether there was a “matter” – whether legislative instrument was unlawful.

David Rayment appeared for the Commonwealth of Australia

Related cases:

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Lam [2015] FCCA 3276 (11 December 2015)      

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Butt & Anor [2015] FCCA 3256 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Tucev (No.2) [2015] FCCA 3248 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Shirvington (No.3) [2015] FCCA 3234 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Dattilo & Anor [2015] FCCA 3260 (11 December 2015)  

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Young & Anor [2015] FCCA 3277 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Uren & Ors [2015] FCCA 3280 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Leahy [2015] FCCA 3279 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Lukic [2015] FCCA 3278 (11 December 2015)      

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Minici & Anor [2015] FCCA 3271 (11 December 2015)  

Commonwealth of Australia (as represented by the Department Of Infrastructure and Regional Development) v Morris [2015] FCCA 3267 (11 December 2015)     

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Jelfs & Anor (No.2) [2015] FCCA 3262 (11 December 2015)  

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Findlay [2015] FCCA 3261 (11 December 2015)