Slater v Smith (No 3)

Slater and Smith, both self-represented litigants, were involved in a defamation dispute that was being litigated in two separate jurisdictions. The matter came before the Federal Circuit and Family Court of Australia, which had to determine whether the proceedings should be transferred to South Australia due to the presence of palpable animosity between the parties, which had potentially clouded their judgment. The court had to consider the relevant factors in determining whether a transfer was warranted under the cross-vesting jurisdiction provisions.

The court had to assess whether the animosity between the parties was so pronounced that it had impaired their ability to fairly and impartially litigate the matter. The court also had to consider whether there were other relevant factors that should be taken into account in determining whether a transfer was appropriate. Additionally, the court had to consider the potential impact of a transfer on the efficient administration of justice, including the potential for further delays and costs.

The court found that the animosity between the parties was indeed palpable and had potentially clouded their judgment. The court also found that there were other relevant factors that supported a transfer, including the fact that the alleged defamatory conduct had occurred in South Australia and that the witnesses and evidence were predominantly located in that jurisdiction. The court concluded that a transfer was in the interests of justice and ordered that the proceedings be transferred to the Supreme Court of South Australia. The court also deferred any decision on costs in the interlocutory proceedings until the conclusion of the proceedings.