Whitelum v The Corporation of the Trustees of the Order of the Sisters of Mercy in Queensland

The case of Whitelum v The Corporation of the Trustees of the Order of the Sisters of Mercy in Queensland was heard in the Federal Circuit Court. The plaintiff, Whitelum, sought a transfer of his legal action to Queensland under the Cross-vesting Act 1987 (Cth) due to the defendants being based in Queensland. Whitelum was suffering from severe psychiatric disorders which made travel to Queensland impractical and potentially detrimental to his health. The court was tasked with determining whether the plaintiff's health condition constituted a sufficient impediment to justify refusing the transfer.

The primary legal issue before the court was whether the plaintiff's severe psychiatric disorders constituted an exceptional circumstance under section 34 of the Cross-vesting Act 1987 (Cth), warranting a refusal of the transfer. The court considered the definition of "exceptional circumstances" and whether the plaintiff's health condition fell within this definition. The defendants argued that the plaintiff's mental health issues were not sufficient to prevent the transfer, as they did not amount to an exceptional circumstance. The plaintiff's position was that his mental health issues rendered travel to Queensland not just difficult, but potentially life-threatening, and therefore, an exceptional circumstance.

The court held that the plaintiff's psychiatric disorders, while severe, did not constitute an exceptional circumstance as defined under the Cross-vesting Act 1987 (Cth). The court reasoned that the Act requires a showing of circumstances that are truly exceptional and outside the ordinary experience. While the plaintiff's condition was undoubtedly serious, the court found that it did not meet the threshold for exceptional circumstances. Consequently, the plaintiff's application to refuse the transfer was dismissed. The court ordered that the case proceed in the Federal Circuit Court in New South Wales, where it was originally filed.