The requirement to apply NSW substantive law (including the Civil Liability Act 2002 (NSW)) does not of itself mandate transfer of proceedings from the ACT to NSW, given that the ACT Supreme Court regularly construes and applies that legislation. A bare assertion that lay witnesses are likely to be resident in NSW, without specifying numbers or locations, is insufficient to establish that transfer is in the interests of justice. Transfer applications may be premature before pleadings have closed.
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