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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 110

Regulations

    The Governor - General may make regulations prescribing matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The purpose of this Act is to :

(a)   streamline the process for resolving civil proceedings with a trans - Tasman element in order to reduce costs and improve efficiency; and

(b)   minimise existing impediments to enforcing certain NZ judgments and regulatory sanctions; and

(c)   implement the Trans - Tasman Agreement in Australian law.

  Note:   Provisions to implement the Trans - Tasman Agreement in New Zealand law are in the NZ Act.

This Part   has a list of the terms that are defined in this Act (see section   4) . The terms are either defined in section   4 or in another provision of this Act. If another provision defines the term, section   4 will have a signpost to that definition.

Part   2 is about serving defendants in New Zealand with initiating documents for certain civil proceedings in Australian courts or tribunals.

Part   3 is about when an Australian court may stay a proceeding on the grounds that a New Zealand court is the more appropriate forum to determine the matters in issue .

Part   4 provides for certain Australian courts to give interim relief in support of civil proceedings in New Zealand courts.

Part   5 is about subpoenas issued by certain Australian and New Zealand courts and tribunals. It allows for those subpoenas to be served in the other country and provides for how that service must be done.

Part   6 is about people appearing remotely from New Zealand in Australian proceedings and people appearing remotely from Australia in New Zealand proceedings.

Part   7 is about the enforcement in Australia of specified judgments of New Zealand courts and tribunals.

Part   8 has some special rules about particular Australian and New Zealand proceedings that relate to the trans - Tasman market.

Part   9 has a number of evidential rules relating to New Zealand that apply in proceedings in Australian courts and certain other bodies.

Part   1 0 deals with miscellaneous matters .

This Part   is about serv ing defendants in New Zealand with initiating documents for certain civil proceedings in Australian courts or tribunal s .

This Part   allows defendant s to be served with the initiating document in New Zealand and provides for how that service must be done.

D efendant s must be given certain information when served with the initiating document. The Australian court or tribunal may set aside the proceeding or any step taken in it if defendant s are not given that information .

D efendant s must file an appearance in the Australian court or tribunal within a particular period after being served with the initiating document in New Zealand . In the appearance defendant s m ust state an address for service in Australia or New Zealand for the proceeding.

This Part   is about when an Australian court may stay a proceeding on the grounds that a New Zealand court is the more appropriate court to determine the matters in issue .

The Australian court may only stay the proceeding if the defendant applies for the proceeding to be stayed. The defendant must make the application within 30 working days after being served with the initiating document for the proceeding, or such shorter or longer period that the court considers appropriate.

The Australian court may only stay the proceeding if it is satisfied that a New Zealand court has jurisdiction to determine the matters in issue and that it is the more appropriate court to determine those matters. In determining whether the New Zealand court is the more appropriate court, the Australian court must take certain matters into account. They are set out in section   19.

However, if the parties have made an exclusive choice of court agreement that designates either an Australian court or a New Zealand court as the court to determine the matters in issue , the Australian court 's order as to whether or not to stay the proceeding must be consistent with that agreement (see section   20).

This Part   provides for certain Australian courts to give interim relief in support of civil proceeding s in New Zealand court s .

For the Australian court to give interim relief, a party to the New Zealand proceeding must appl y for it.

The Australian court may give interim relief if it considers it appropriate and, if a similar proceeding had been commenced in the Australian court , it would have given interim relief in that similar proceeding .

This Part   is about subpoenas issued by certain Australian and New Zealand courts and tribunals.

Division   2 is about subpoenas issued by certain Australian courts and tribunals. It allows for those subpoenas to be se rved on a person in New Zealand with leave of an Australian court and provides for how the service is to be done. It also allows the person named in the subpoena to apply for the subpoena to be set aside.

Division   3 is about subpoenas issued by New Zealand courts and tribunals. It allows for those subpoenas to be served on a person in Australia in accordance with the NZ Evidence Act . It requires the person served with the subpoena in Australia to comply with it .

This Part   is about people appearing remotely from New Zealand in Australian proceedings and people appearing remotely from Australia in New Zealand proceedings.

Division   2 is about remote appearances from New Zealand in a proceeding in an Australian court or a prescribed Australian tribunal. Subdivision   A deals with remote appearances by a party or a party's lawyer where the appearance is not related to evidence in the proceeding. Subdivision   B deals with remote appearances by any person (including a party or a party's lawyer) where the appearance relates to evidence. Subdivision   C has general provisions that relate to all remote appearances from New Zealand.

Division   3 is about remote appearances from Australia in a proceeding in a New Zealand court or tribunal where those remote appearances are made in accordance with the NZ Act or the NZ Evidence Act. It allows the New Zealand court or tribunal to exercise certain powers in Australia for the purpose of th e remote appearance s . It also gives certain privileges, protections and immunities to participants in the remote appearance s and has offences that apply for particular conduct engaged in (for example, obstructing the proceeding) at the place in Australia from where the remote appearance s are being made .

This Part   is about the enforcement in Australia of specified judgments of New Zealand courts and tribunals.

To be enforceable , the judgment has to be registered in an Australian court. To be registered, the judgment must be a registrable NZ judgment (which is defined in section   66) and an application for its registration must be made .

Once registered in an Australian court , the judgment has the same force, and may be enforced in the Australian court, as if the judgment had been given by the Australian court. There are some exceptions to this--see , for example :

(a)   subsection   74(2) (which provides that the judgment cannot be enforced during a particular period if notice of the registration has not been given to each liable person); and

(b)   section   75 (which provides that the judgment cannot be enforced if the judgment could not be enforced in New Zealand ) ; and

(c)   section   76 (which provides grounds for when the Australian court may stay a proceeding to enforce the judgment).

This Part   has some special rules about particular Australian and New Zealand proceedings that relate to the trans - Tasman market.

Division   2 is about the Australian proceedings . It allows the Federal Court to conduct or continue the proceeding s in New Zealand if it is satisfied that the proceeding s could be more conveniently or fairly conducted or continued there.

Division   3 is about the New Zealand proceedings. It allows the High Court of New Zealand to conduct or continue the proceeding s in Australia and exercise certain powers in Australia for th ose purpose s . It also gives participants in the proceeding s in Australia certain privileges, protections and immunities.

Division   4 allows the Federal Court to obtain evidence in Australia for the purposes of the New Zealand proceeding s .

Division   5 deals with miscellaneous matters , such as the jurisdiction o f the Federal Court and offences that apply for particular conduct engaged in (for example, obstructing the New Zealand proceeding s ) at the place s in Australia from where the New Zealand proceeding s are being conducted.


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