1Under s 1337H(2) of the Corporations Act 2001 (Cth), where the interests of justice are evaluated as neutral or equivocal on the question of commonality of issues and risk of inconsistent findings, the discretion to transfer may still be exercised by reference to pragmatic considerations, including the systemic advantage of having all branches of a broader multi-party dispute managed and determined within a single court.
2The mere overlap of factual or legal issues between proceedings in different courts does not of itself require transfer; the relevant risk of inconsistent findings is one that may bring the administration of justice into disrepute by undermining confidence in the rule of law.
3Where multiple related proceedings involving substantially the same common interests on both sides are pending in one court, the advantage to the overall administration of justice of consolidated case management in that court may support transfer even where the proceeding sought to be transferred raises confined and discrete issues.
