Section 77 Jurisdiction in respect of consumer claims
(cf Act No 206 of 1987, sec 10)
(1) General
The Tribunal has jurisdiction to hear and determine any consumer claim brought before it under this Part, whether or not the matter to which the claim relates arose before or after the commencement of this Part, except as otherwise provided by this section.(2) Supply or agreement made, or supply intended to be made, in New South Wales
The Tribunal has jurisdiction to hear and determine a consumer claim only if:(a) the goods or services to which the claim relates were supplied in New South Wales, or(b) a contract or other agreement to which the claim relates contemplated that the goods or services would be supplied in New South Wales (whether or not they were so supplied), or(c) a contract or other agreement to which the claim relates was made in New South Wales (whether or not the goods or services were supplied in New South Wales).(3) The Tribunal has such jurisdiction whether or not:(a) a contract or other agreement to which the claim relates confers jurisdiction on any other court or tribunal (whether in New South Wales or elsewhere), or(b) the rules of private international law require a law other than the law of New South Wales to be applied to the hearing or determination of the claim.(4) Limitation periods
The Tribunal does not have jurisdiction to hear and determine a consumer claim if any of the following apply:(a) the cause of action giving rise to the claim first accrued more than 3 years before the date on which the claim is lodged,(b) the goods or services to which the claim relates were supplied (or, if made in instalments, were last supplied) to the claimant more than 10 years before the date on which the claim is lodged.(4A) Nothing in this section affects any period of limitation under the Limitation Act 1969.(5) Claim relating to solicitor’s or barrister’s costs
A matter arising in relation to the fairness or reasonableness of the costs charged by a barrister or solicitor for an item of business transacted by the barrister or solicitor is not within the jurisdiction of the Tribunal if the costs can be the subject of a costs assessment under Part 3.2 of the Legal Profession Act 2004.