Dinnison, Barrie Charles v Commonwealth of Australia [1998] FCA 637

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - Transfer of proceedings pursuant to s 5(4) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) - whether proceedings should be transferred to Supreme Court of New South Wales after remitter from High Court - whether in "the interests of justice" to transfer - relevant factors - forensic advantage in the other court - delay and interlocutory activity - legally-aided applicant's liability for costs Judiciary Act 1903 (Cth) - s 44 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) - s 5(4), s 5(4)(b)(ii)(A), (B), (C), s 5(4)(b)(iii) Legal Aid Commission Act 1979 (NSW) - ss 47, 47(1)(b) State Bank of New South Wales v The Commonwealth Savings Bank of Australia (1984) 154 CLR 579 - followed Bourke v State Bank of New South Wales (1988) 22 FCR 378 - considered Woodlands v Permanent Trustee Company Limited (1996) 68 FCR 213 - considered BARRIE CHARLES DINNISON -v- COMMONWEALTH OF AUSTRALIA NG 572 of 1991

FOSTER J 22 may 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 572 of 1991

BETWEEN: barrie charles dinnison

Applicant

AND: commonwealth of australia

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 22 may 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. That the application to transfer proceedings be dismissed with no order as to costs. 2. That the application for trial by jury be referred to Whitlam J for hearing at such time and subject to such directions as is seen fit. 3. That the question of costs with respect to the application for trial by jury be determined by the trial judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 572 of 1991