Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) s 5(2)
alleged tort in Queensland
Quick Take
1Where the substantive law of the lex loci delicti (here Queensland) is substantially similar to the law of the forum state (here NSW), the applicable law factor carries little weight in a cross-vesting application under s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).
2An applicant for cross-vesting who fails to adduce evidence identifying potential witnesses, their number, or their whereabouts cannot establish that the balance of convenience favours transfer, particularly where the plaintiff is a child with disabilities whose care arrangements would be materially disrupted by transfer.
3The procedural requirements of the Personal Injuries Proceedings Act 2002 (Qld), including compulsory pre-court procedures, do not necessarily favour transfer where the evidence suggests those procedures may cause delay rather than expedite resolution.
