New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 76A

76A Removal of proceedings to Supreme Court

(1) A party to proceedings before the Tribunal for an unconscionable conduct claim, or partly for an unconscionable conduct claim and partly for a retail tenancy claim, may apply to the Tribunal to have the proceedings transferred to the Supreme Court.

(2) The Tribunal must transfer the proceedings if the Tribunal is satisfied that--

(a) the nature of the claim is such that it may be more effectively and appropriately dealt with by the Supreme Court, and

(b) the interests of justice do not require the matter to be continued to be dealt with by the Tribunal.

(3) The Supreme Court has jurisdiction to hear and determine proceedings transferred to it under this section and may make any orders and do anything that the Tribunal may do in determining an unconscionable conduct claim or retail tenancy claim, as the case requires.

(4) The Supreme Court may exercise all the functions that are conferred or imposed by or under this or any other Act on the Tribunal to determine the unconscionable conduct claim.

(5) This section applies despite anything in Schedule 4 to the Civil and Administrative Tribunal Act 2013 concerning the transfer of proceedings between courts and the Tribunal.