Commencing a proceeding in the Federal Court with the intention of seeking cross-vesting to a State Supreme Court to consolidate related proceedings is not an abuse of process, provided the claims are genuine and would be prosecuted to finality if cross-vesting is refused. The Federal Court may legitimately serve as a 'jurisdictional transit point' where the cross-vesting legislation expressly contemplates such transfers. Where litigants institute genuine claims with the hope or expectation that they will not proceed to judgment (e.g., because of anticipated settlement or cross-vesting), that in itself does not constitute an abuse of process.
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