Legal Project Management Plan & Checklist
Purpose of this Guide: This fork activates when an overlapping class action is filed in the Supreme Court of Victoria under a Group Costs Order (GCO) pursuant to s 33ZDA of the Supreme Court Act 1986 (Vic), and the defendant applies to transfer the Victorian proceeding to the NSW Supreme Court or Federal Court under s 1337H(2) of the Corporations Act 2001 (Cth) on the ground that NSW or Federal Court is the 'more appropriate forum'. Under Bogan v The Estate of Peter John Smedley (Deceased) [2025] HCA 7, the GCO does not travel with the transferred proceeding - the transferee court cannot make or enforce a GCO. The transfer would strip the plaintiffs of their percentage-based contingency fee funding, making the action financially unviable. This guide covers: confirming GCO status and funding dependency, preparing expert evidence on financial viability, drafting the opposing affidavit on the Bogan v Smedley GCO ground, and attending the transfer hearing.
Jurisdiction: Supreme Court of Victoria - Commercial Court (Group Proceedings List). Cross-vesting application under s 1337H Corporations Act 2001 (Cth).
The Process at a Glance: GCO status confirmed. Funding viability without GCO assessed and expert evidence commissioned. Opposing affidavit filed showing action is financially unviable without GCO. Bogan v Smedley (GCO does not travel) argument deployed at transfer hearing. Transfer application resisted and Victorian proceeding maintained.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Cross-Vesting, Carriage Disputes and Concurrent Class Actions (Lead Plaintiff) - Victorian Group Costs Order - Cross-Vesting Resistance Under Bogan v Smedley matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
The expert evidence on financial viability without the GCO is ready to be filed in opposition to the s 1337H transfer application.
The GCO is in place at the approved percentage rate. Group member advisory letters are being prepared for distribution.
The transfer application is resisted. If successful: the Victorian proceeding continues with the GCO intact.
The cross-vesting dispute is resolved. The GCO is either preserved in Victoria (with group member notification and compliance monitoring in place) or the transfer is accepted and the file is closed.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.