Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.86A

Transitional arrangements for Divisions 34.4 and 34.5

             (1)  This rule applies to a proceeding started:

                     (a)  on or after 1 August 2011; but

                     (b)  before the commencement of section 3 of the Trans-Tasman Proceedings Act.

             (2)  For a proceeding to which this rule applies, Orders 69 and 69A of the Federal Court Rules, including any forms prescribed for those Orders, continue to apply to the proceeding as if those Rules had not been repealed.

             (3)  For a proceeding to which this rule applies, Part 3.2 of Schedule 2 continues to apply to the proceeding as if the following Part was substituted:

Part 3.2-- Evidence and Procedure (New Zealand) Act 1994

 

Item

Provision

Description (for information only)

11

section 14(1)

Power to set aside a subpoena in whole or in part

12

section 14(4)

Power to determine an application without a hearing

13

section 14(5)

Power to direct that a hearing is to be held by video link or telephone

14

section 16

Power to issue a certificate stating that the person named in a subpoena has failed to comply with the subpoena

             (4)  This Division expires on the commencement of section 3 of the Trans-Tasman Proceedings Act.

Rules 34.88 - 34.90 left blank



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