TRANS-TASMAN PROCEEDINGS ACT 2010

Commonwealth Consolidated Acts

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TRANS-TASMAN PROCEEDINGS ACT 2010

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Purpose of , and guide to, this Act
4. Definitions
5. This Act binds the Crown
6. This Act extends to the external Territories

PART 2--SERVICE--INNEW ZEALANDOFINITIATINGDOCUMENTSISSUED BYAUSTRALIANCOURTS AND TRIBUNALS

Division 1--Introduction

7. Guide to this Part

Division 2--Service in New Zealand of initiating documents issued by Australian courts and tribunals

8. Application of this Part
9. Service of i nitiating documents in New Zealand
10. Effect of service under section 9
11. Information that must be given to the defendant
12. Consequences of not giving the information to the defendant
13. When the defendant must fil e an appearance
14. Defendant's a ddress for service
15. Security for costs

PART 3--AUSTRALIAN--COURTS DECLINING JURISDICTION ONTHEGROUNDS THATANEW ZEALAND COURT ISAMORE APPROPRIATE FORUM

Division 1--Introduction

16. Guide to this Part

Division 2--Australian courts declining jurisdiction onthegrounds thataNew Zealand court isamore appropriate forum

17. Application to stay Australian proceeding on forum grounds
18. Hearing on the application
19. Order of stay of proceeding
20. Exclusive choice of court agreements
21. How this Part affects powers of the court to stay proceeding
22. No restraint of proceedings
23. S uspension of limitation periods

PART 4--AUSTRALIANCOURTS--GRANTING INTERIM RELIEF IN SUPPORT OF CIVIL PROCEEDINGS INNEW ZEALANDCOURTS

Division 1--Introduction

24. Guide to this Part

Division 2--Australian courts granting interim reliefin support of civil proceedings in New Zealand courts

25. Application to an Australian court for interim relief
26. Giving of i nterim relief in support of a New Zealand proceeding
27. Application of Australian court procedural rules in an interim relief proceeding

PART 5--SUBPOENAS

Division 1--Introduction

28. Guide to this Part

Division 2--Australian subpoenas

29. Application of this Division
30. Service of Australian subpoenas in New Zealand
31. Subpoenas not to be served in New Zealand without leave
32. How Australian subpoenas must be served in New Zealand
33. Expenses of complying with Australian subpoenas
34. Australian s ubpoenas that require production
35. Applications to set Australian subpoenas aside
36. Setting aside Australian subpoenas
37. Payment of expenses for complying with Australian subpoenas
38. Contravening Australian subpoenas
39. This Division does not affect other court or tribunal powers

Division 3--New Zealand subpoenas

40. Application of this Division
41. Service of New Zealand subpoenas in Australia
42. Obligation to comply with New Zealand subpoenas
43. Contravening New Zealand subpoenas
44. Documents etc. for transmission to a New Zealand court
45. This Part does not affect o ther powers to serve subpoenas

PART 6--REMOTE--APPEARANCES

Division 1--Introduction

46. Guide to this Part

Division 2--Remote appearances from New Zealandin Australian proceedings

Subdivision A--Remote appearances unrelated to remote evidence

47. Application of this Subdivision
48. Remote appearances unrelated to remote evidence

Subdivision B--Remote appearances related to remote evidence

49. Application of this Subdivision
50. Remote appearances related to remote evidence

Subdivision C--General provisions about remote appearances

51. Remote appearances by audiovisual link
52. Remote appearances by audio link
53. Costs of r emote appearances from New Zealand
54. Powers of Australian court s in New Zealand

Division 3--Remote appearances from Australiain New Zealand proceedings

55. People in Australia appearing remotely in New Zealand proceedings
56. Powers of New Zealand court s and tribunal s in Australia
57. Orders of New Zealand court s and tribunals
58. Enforcement of orders of New Zealand court s and tribunals
59. Remote appearance p lace in Australia is part of the New Zealand court or tribunal
60. Privileges, protections and immunities of participants in New Zealand proceedings
61. Contempt of New Zealand courts or tribunals
62. New Zealand courts and tribunals may administer oath or affirmation in Australia
63. Assistance to New Zealand court s and tribunals

PART 7--RECOGNITION--AND ENFORCEMENT INAUSTRALIAOF SPECIFIED JUDGMENTS OFNEW ZEALAND COURTS AND TRIBUNALS

Division 1--Introduction

64. Guide to this Part

Division 2--Recognition and enforcement in Australia of specifiedjudgmentsof New Zealand courts and tribunals

65. When r egistrable NZ judgments are enforceable in Australia
66. Meaning of registrable NZ j udgment
67. Application to r egist er NZ judgment s
68. Registration of NZ judgments
69. Currency in which NZ judgments are registered
70. M oney judgment s partly satisfied when entitled person applies for registration
71. Judgments only some provisions of which are registrable
72. Setting aside registration
73. Notice of registration
74. Effect of regist ration and noti ce of registration
75. Restriction on enforcing registered NZ judgment s
76. Stay of enforcement of registered NZ judgment so that the liable person can appeal it
77. Costs and expenses of enforcement of registered NZ judgment s
78. Interest on registered NZ judgment s
79. Private international law does not affect e nforcement of registered NZ judgment s

PART 8--TRANS---TASMAN MARKET PROCEEDINGS

Division 1--Introduction

80. Guide to this Part

Division 2--Federal Court exercisingjurisdictionin New Zealand

81. Federal Court sitting etc. in New Zealand
82. New Zealand lawyers entitled to practise in the Federal Court in New Zealand
83. Injunctions in relation to New Zealand conduct
84. Service of injunctions and other judgments in New Zealand

Division 3--High Court of New Zealand exercisingjurisdictionin Australia

85. High Court of New Zealand sitting in Australia etc.
86. Privileges, protection s and immunit ies of participants in NZ market proceedings
87. New Zealand High Court may administer oath etc. in Australia
88. Service of injunctions and other judgments in Australia

Division 4--Taking of evidence bytheFederal Court fortheHigh Court of New Zealand

89. Taking of evidence by the Federal Court
90. Privilege of witnesses
91. This Division does not affect other Australian laws

Division 5--Miscellaneous

92. Jurisdiction of the Federal Court under this Part
93. Contempt of the High Court of New Zealand
94. Reciprocal arrangements for use of court facilities

PART 9--EVIDENCE--OF CERTAIN NEW ZEALAND MATTERS

Division 1--Introduction

95. Guide to this Part

Division 2--Evidence of certain New Zealand matters

96. Application of this Part
97. Matters of law
98. Evidence of New Zealand official instruments
99. Evidence of New Zealand acts of state
100. Evidence of public documents admissible in New Zealand under New Zealand Acts
101. Evidence of other New Zealand public documents
102. Evidence of New Zealand documents of a public nature
103. This Part does not affect other Australian laws

PART 1--0--MISCELLANEOUS

Division 1--Introduction

104. Guide to this Part

Division 2--Miscellaneous

105. Jurisdiction of federal courts
106. References to repealed New Zealand Acts
107. Interaction with the Foreign States Immunities Act 1985
108. Interaction with the Mutual Assistance in Criminal Matters Act 1987
109. Court rules
110. Regulations

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