The Court ordered removal of dust diseases proceedings from the NSW Dust Diseases Tribunal and cross-vested them to the Supreme Court of Victoria by consent, on the basis that the lex loci delicti was Victoria, Victorian law would govern the claim, and the Supreme Court of Victoria maintains a dedicated dust diseases list. The Court confirmed that cross-vesting jurisdiction is not a consent jurisdiction and the interests of justice must independently be satisfied, even where parties agree to transfer.
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