The Court refused to transfer proceedings to the Federal Court under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), holding that the overwhelming consideration was that the proceedings were fixed for hearing in three weeks and ready to proceed, whereas the related Federal Court proceedings had not yet had their first directions hearing. The Court also weighed the sensitive nature of the confidential documents (relating to sexual abuse claims), arguable doubt about the Federal Court's jurisdiction over the second plaintiff's independent equitable claims, and the availability of issue estoppel from this Court's determination to bind the defendant in the Federal Court proceedings.
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