Bogan v The Estate of Peter John Smedley (Deceased)

[2023] VSCA 256

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Transfer of proceedings
3. › Corporations Act 2001 (Cth) s 1337H
4. › Discretion to transfer
5. › Whether group costs order relevant to exercise of discretion
6. › Whether procedural advantage to be disregarded under Schultz principles
7. › Whether GCO neutral as between parties
8. › Corporations Act 2001 (Cth), s 1337H(2)
9. › Supreme Court Act 1986 (Vic), s 33ZDA
1. Practice and Procedure
2. › Transfer of proceedings
3. › Effect of transfer on prior orders
4. › Whether group costs order remains in force after transfer
5. › Construction of s 1337P(2) of Corporations Act 2001 (Cth)
6. › Whether deeming provision extends to orders transferee court has no power to make
7. › Corporations Act 2001 (Cth), s 1337P(2)
8. › Judiciary Act 1903 (Cth), s 79
1. Practice and Procedure
2. › Transfer of proceedings
3. › Appropriate forum
4. › Whether proceeding should be transferred to Supreme Court of New South Wales
5. › Connecting factors
6. › Significance of GCO to viability of proceeding
7. › Corporations Act 2001 (Cth), ss 1337H, 1337L
1. Practice and Procedure
2. › Group proceedings
3. › Group costs orders
4. › Nature and purpose of group costs orders under s 33ZDA
5. › Relationship to litigation funding
6. › Whether GCO constitutes procedural advantage
7. › Supreme Court Act 1986 (Vic), s 33ZDA

Quick Take

The existence of a GCO is a relevant factor in transfer applications under s 1337H, but a GCO will not survive transfer to a jurisdiction that lacks power to make such an order, with significant implications for forum selection in Corporations Act group proceedings.