CIVIL PROCEDURE — cross-vesting — application to transfer to Supreme Court of Victoria — where proceedings nascent — more appropriate forum — where tort occurred in Victoria — where plaintiff resides in Victoria — where defendant is State of Victoria — transfer to Supreme Court of Victoria granted
Quick Take
1Under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), where the alleged tort occurred entirely in another State, the plaintiff resides in that State, and the defendant is that State, the coincidence of those connecting factors will ordinarily resolve the question of the more appropriate forum, making transfer mandatory rather than discretionary.
2Transfer to the forum where the tort occurred avoids a disconnect between the law applicable to substantive questions (lex loci delicti) and procedural questions (lex fori), consistent with John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503.
3Practitioners are expected to consider the proper jurisdiction in which to commence proceedings as a fundamental preliminary step; the mere geographic location of the plaintiff's solicitors does not constitute a connecting factor to a forum.
