State of Queensland v Gilfillan

This is an application to remove proceedings currently in the District Court of New South Wales into this Court and thereafter to remit those proceedings to the Supreme Court of Queensland, both orders being made pursuant to the jurisdiction of Courts Cross-Vesting Act 1987 (NSW). All of the parties to the District Court proceedings agree to the orders which are now sought by the present Plaintiff, being the State of Queensland.

The District Court proceedings instituted by the First Defendant in the present proceedings seek damages arising out of sexual assaults to the First Defendant when she was participating in a school sport team competing at the World Games in Qatar in December 2009.

The first defendant in those proceedings, being the Australian School Sports Council Inc, was said to be responsible for choosing the team to compete in the games. The second defendant in those proceedings was the trainer who is said to have indecently assaulted the Plaintiff in those proceedings.

After the proceedings were commenced the present Plaintiff, the State of Queensland, was joined as a third defendant to the proceedings.

The affidavit in support of the summons sets out the close relationship with which the proceedings have to the jurisdiction of Queensland. Many of the lay and expert witnesses live either in Queensland or in northern New South Wales close to the New South Wales/Queensland border.

At the relevant time, the Plaintiff in the District Court proceedings was a student at the Brisbane School of Distance Education as well as attending Palm Beach Currumbin State High School.

I am satisfied therefore that it is in the interests of justice that the relevant proceedings be determined by the Supreme Court of Queensland. The connection with that state makes that apparent.

For those reasons, I make orders in terms of paragraphs 1, 2 and 3 of a consent order provided to me in the following terms: