Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 81

Federal Court sitting etc. in New Zealand

  (1)   If the Federal Court is satisfied, at any stage of an Australian market proceeding, that the proceeding could be more conveniently or fairly conducted or continued in New Zealand, the Federal Court may order that the proceeding be conducted or continued at a place in New Zealand specified in the order.

  (2)   An Australian market proceeding is a proceeding in the Federal Court in which :

  (a)   a matter for determination arises under:

  (i )   section   46A, 155A or 155B of the Competition and Consumer Act 2010 ; or

  (ii )   a provision of Part   VI or XII of the Competition and Consumer Act 2010 so far as the provision relates to section   46A, 155A or 155B of that Act; or

  (iii )   this Part; or

  (b)   any other kind of relief prescribed by the regulations is sought; or

  (c)   an interlocutory order is sought in relation to a proceeding covered by paragraph   ( a) or (b); or

  (d)   enforcement is sought of a judgment given in a proceeding covered by paragraph   ( a) or (b).

  (3)   The order may be subject to such conditions (if any) as are specified in the order.

  (4)   Without limiting subsection   ( 1), judgment may be given in New Zealand in an Australian market proceeding.

  (5)   The Federal Court may, for the purposes of an Australian market proceeding, exercise in New Zealand any of the powers that the Federal Court is permitted, under New Zealand law, to exercise in New Zealand.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback