Bogan v Estate of Smedley
Court of Appeal
Ferguson CJ, Niall and Macaulay JJA
26/10/2023
[2023] VSCA 256
Practice and procedure — Jurisdiction — Transfer of proceedings — Group proceeding — Group costs order made — Claim brought under Commonwealth law — Factors relevant to discretion to transfer — Whether existence of group costs order relevant to discretion — Whether consequences for costs order if proceedings transferred relevant to discretion — Whether ability to fund proceeding a matter to be taken into account — Viability of group costs order upon transfer — Whether group costs order would remain in force and be enforceable upon transfer — Corporations Act 2001 (Cth), ss 1337H(2), 1337N, 1337P(2) — Judiciary Act 1903 (Cth), s 79 — Supreme Court Act 1986 (Vic), s 33ZDA(1)
Words and phrases — ‘jurisdiction’
Read the judgment here.