The Court ordered transfer of a historical sexual abuse proceeding from the Supreme Court of Victoria to the Supreme Court of South Australia under the cross-vesting legislation, finding that the preponderance of connecting factors — including the location of the alleged torts, the defendant's location, the residence of most witnesses, and the applicable substantive law — pointed to South Australia as the more appropriate forum. While the plaintiff's psychiatric vulnerability and the risk of psychological harm from returning to Adelaide was acknowledged as the strongest factor against transfer, it was not determinative on the facts, particularly where the plaintiff resided in the United States (not Victoria), was not receiving treatment in Victoria, and the psychiatric risks were linked to the litigation generally rather than solely to an Adelaide-based hearing.
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