The Court ordered transfer of a professional negligence proceeding against a NSW-based law firm to the Supreme Court of New South Wales under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic), holding that the place of the tort was NSW (where the allegedly negligent legal services were performed), notwithstanding that the property and proceeds of sale were located in Victoria. The Court rejected the plaintiff's argument that the absence of a filed defence made it speculative to assess likely issues at trial, accepting uncontradicted solicitor evidence that liability would be contested. On a separate privilege claim over subpoenaed documents, the Court upheld privilege over emails containing legal advice but found that a disbursement authority and bank letter were not privileged as their predominant purpose was the transfer of funds rather than legal advice.
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