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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 8

Application of this Part

  (1)   This Part   applies to:

  (a)   a civil proceeding commenced in an Australian court ; and

  (b)   a civil proceeding commenced in an Australian tribunal , but only if:

  (i )   the tribunal ' s procedural rules permit an initiating document relating to the proceeding to be served outside Australia; and

  (ii )   the tribunal i s prescribed by the regulations.

  (2)   However, this Part   does not apply to :

  (a )   a civil proceeding that relates wholly or partly to an excluded matter ; or

  (b )   a civil proceeding that relates wholly or partly to an action in rem ; or

  (c)   a civil proceeding in a n Australian tribunal, being a civil proceeding of a kind prescribed by the regulations; or

  (d)   a civil proceeding that relates to a matter of a kind prescribed by the regulations.

  (3)   For the purposes of subparagraph   ( 1)(b)(ii), the regulations must not prescribe a tribunal unless , at the time of making the regulations, the tribunal is declared under section   55 of the NZ Act to be a tribunal to which subpart   5 of Part   2 of that Act applies .


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