Ruling notes South Australia was location of defendant and tortious conduct
The Victorian Supreme Court has considered the South Australian Supreme Court the more appropriate and natural forum for the plaintiff’s proceeding, which claimed damages for sexual abuse allegedly committed by an employee of the defendant college.
The plaintiff commenced the proceeding in Bowring v Prince Alfred College [2026] VSC 260, via a writ and statement of claim filed on 23 September 2025. He alleged that:
Through summons filed on 20 November 2025, the defendant sought to transfer the proceeding to the SA Supreme Court under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic). It argued that the SA court’s determination of the proceeding would serve the interests of justice.
Upon considering the relevant factors and the interests of justice, the Supreme Court of Victoria transferred the proceeding to the Supreme Court of South Australia.
The Victoria court identified the following factors pointing to South Australia as the more appropriate or natural forum:
On the other hand, the Victoria court saw limited connecting factors with Victoria.
First, the Victoria court considered the plaintiff’s permanent residence in Colorado, US, neutral. The Victoria court pointed out that the plaintiff would have to provide evidence and instruct his solicitors remotely, regardless of whether the trial was set in Victoria or South Australia.
Based on the evidence, the Victoria court noted that the plaintiff:
The Victoria court accepted that the plaintiff’s psychiatric condition was a relevant factor.
Next, the Victoria court recognised that the plaintiff relied on a current trial listing of 10 November 2026 in Victoria.
However, the Victoria court found that the potential trial dates in South Australia would not be significantly later than that date. The Victoria court added that the trial dates in Adelaide would likely be in the first half of 2027.
