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

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

It would not be in the interests of justice to transfer the proceedings to the Supreme Court as this would confer upon the applicant a forensic advantage not available in the forum of initial choice. The prejudice regarding legal aid cost liability is sufficiently cured by the Commonwealth’s undertaking not to seek costs beyond what would apply in the Supreme Court.

Parties
Applicant: Barrie Charles Dinnison; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
22 May 1998
Procedural Posture
Motion / Application for Transfer of Proceedings and Application for Jury Trial
Outcome
Application to transfer dismissed; jury trial application referred to trial judge; no order as to costs
Legal Topics
Transfer of Proceedings, Interests of Justice, Jury Trial, Legal Aid Costs Liabilities
Practice and Procedure Transfer of Proceedings Interests of Justice Jury Trial Legal Aid Costs Liabilities

Case Brief

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Parties

Barrie Charles Dinnison

Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Motion / Application for Transfer of Proceedings and Application for Jury Trial

Legal Issues

  1. 1 Whether proceedings should be transferred to Supreme Court of New South Wales after remitter from High Court
  2. 2 Whether in interests of justice to transfer
  3. 3 Forensic advantage and delay

Ratio Decidendi

It would not be in the interests of justice to transfer the proceedings to the Supreme Court as this would confer upon the applicant a forensic advantage not available in the forum of initial choice. The prejudice regarding legal aid cost liability is sufficiently cured by the Commonwealth’s undertaking not to seek costs beyond what would apply in the Supreme Court.

Court Disposition

Application to transfer dismissed; jury trial application referred to trial judge; no order as to costs

Orders

  • The application to transfer proceedings be dismissed with no order as to costs.
  • 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.