NSW or Victoria - Advise Jane Smith Assignment

Assignment Task

Background

You are a solicitor in NSW and have been approached by Jane Smith to initiate legal proceedings against Warren for a contract breach and for misleading and deceptive conduct under the Australian Consumer Law. The contract, valued at $750,000, was signed in Victoria but breached in NSW, where Jane's business operates. Jane seeks damages of $750,000 for breach of contract and, in the alternative, damages of the same amount for misleading and deceptive conduct, plus an estimated $300,000 in lost income and potential interest on damages. She intends to commence proceedings in NSW but is apprehensive about Warren transferring the case to Victoria. Warren is a resident in Melbourne but due to leave for a 12-month overseas holiday in a few days. Jane thinks that Warren is going overseas in order to avoid being sued by Jane.

Question

Advise Jane on whether to initiate legal proceedings in NSW or Victoria and in which court and which division. Discuss the factors influencing the jurisdictional decision. Also advise Jane on any issues that are likely to arise in relation to service of documents and how that might influence questions of jurisdiction.

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