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ARTICLE · 11 MARCH 2025

Case Summary: Stanford Barton (A Pseudonym) V The State Of New South Wales [2025] VSC 57

In recent sexual abuse case the defendant sought a transfer of the proceedings.

AustraliaLitigation, Mediation & Arbitration

Stanford Barton (a pseudonym) v The State of New South Wales 1 is a decision which was handed down in the Supreme Court of Victoria on 25 February 2025.

Background

Stanford Barton (the Plaintiff) commenced proceedings in the Supreme Court of Victoria against the State of New South Wales (the Defendant). The Plaintiff alleged that he was sexually abused by a music teacher, Mr Peter Boys, whilst he was a student at Adamstown Primary School and Broadmeadows High School, which were both located in New South Wales 2.

The Defendant sought a transfer of the proceeding to the Supreme Court of New South Wales 3 pursuant to section 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic) 4 The Defendant submitted that the following 'connecting factors' 5 should be taken into account:

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