Application by plaintiff to remove a proceeding in the County Court of Victoria to the Supreme Court of Victoria and then to transfer a proceeding to the Supreme Court of Western Australia
Quick Take
1Consent of all parties to a cross-vesting transfer does not relieve the court of its obligation to independently assess whether the statutory criteria under ss 8(1) and 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 are satisfied.
2Where a contractual choice of law and jurisdiction clause nominates a particular State, the majority of likely witnesses reside in that State, the party resisting transfer has its principal place of business there, and the amounts in dispute are modest relative to the costs of interstate litigation, these connecting factors may together establish that it is in the interests of justice to transfer the proceeding to the Supreme Court of that State.
3The threshold for removal of a proceeding from a lower court to the Supreme Court under s 8(1)(b)(ii) of the Cross-vesting Act is not stringent; it is sufficient that it appears an order should be made so that consideration can be given to whether the proceeding should be transferred to another court.
