Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 35, 2010
Compilation No. 2
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 4 November 2021
About this compilation
This compilation
This is a compilation of the Trans-Tasman Proceedings Act 2010 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Purpose of, and guide to, this Act
5 This Act binds the Crown
6 This Act extends to the external Territories
Part 2--Service in New Zealand of initiating documents issued by Australian courts 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 initiating 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 file an appearance
14 Defendant's address for service
15 Security for costs
Part 3--Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum
Division 1--Introduction
16 Guide to this Part
Division 2--Australian courts declining jurisdiction on the grounds that a New Zealand court is a more 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 Suspension of limitation periods
Part 4--Australian courts granting interim relief in support of civil proceedings in New Zealand courts
Division 1--Introduction
24 Guide to this Part
Division 2--Australian courts granting interim relief in support of civil proceedings in New Zealand courts
25 Application to an Australian court for interim relief
26 Giving of interim 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 subpoenas 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 other powers to serve subpoenas
Part 6--Remote appearances
Division 1--Introduction
46 Guide to this Part
Division 2--Remote appearances from New Zealand in 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 remote appearances from New Zealand
54 Powers of Australian courts in New Zealand
Division 3--Remote appearances from Australia in New Zealand proceedings
55 People in Australia appearing remotely in New Zealand proceedings
56 Powers of New Zealand courts and tribunals in Australia
57 Orders of New Zealand courts and tribunals
58 Enforcement of orders of New Zealand courts and tribunals
59 Remote appearance place 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 courts and tribunals
Part 7--Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
Division 1--Introduction
64 Guide to this Part
Division 2--Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
65 When registrable NZ judgments are enforceable in Australia
66 Meaning of registrable NZ judgment
67 Application to register NZ judgments
68 Registration of NZ judgments
69 Currency in which NZ judgments are registered
70 Money judgments 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 registration and notice of registration
75 Restriction on enforcing registered NZ judgments
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 judgments
78 Interest on registered NZ judgments
79 Private international law does not affect enforcement of registered NZ judgments
Part 8--Trans-Tasman market proceedings
Division 1--Introduction
80 Guide to this Part
Division 2--Federal Court exercising jurisdiction in 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 exercising jurisdiction in Australia
85 High Court of New Zealand sitting in Australia etc.
86 Privileges, protections and immunities 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 by the Federal Court for the High 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 10--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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Trans-Tasman Proceedings Act 2010 | 35, 2010 | 13 Apr 2010 | ss 3-110: 11 Oct 2013 (see F2013L01445) |
|
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 | 36, 2010 | 13 Apr 2010 | Sch 2 (items 27, 28): (a) | |
as amended by |
|
|
|
|
136, 2012 | 22 Sept 2012 | Sch 2 (item 44): 2 Mar 2011 (see s 2(1)) | -- | |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (item 1): 1 Jan 2011 | -- |
Trans-Tasman Proceedings Amendment and Other Measures Act 2011 | 64, 2011 | 29 June 2011 | Sch 1 and Sch 2 (items 1-11): 11 Oct 2013 (s 2(1) item 2) | Sch 3 |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (item 556): 12 Apr 2013 (see s 2(1)) | -- |
13, 2021 | 1 Mar 2021 | Sch 2 (items 791-794): 1 Sept 2021 (s 2(1) item 5) | -- |
(a) Subsection 2(1) (items 3 and 6) of the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
3. Schedule 2, items 1 to 23 | At the same time as section 3 of the Trans-Tasman Proceedings Act 2010 commences. | 11 October 2013 |
6. Schedule 2, items 27 and 28 | The later of: (a) immediately after the commencement of the provision(s) covered by table item 3; and (b) immediately after the commencement of item 22 of Schedule 2 to the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 11 October 2013 (paragraph (a) applies) |
(b) Subsection 2(1) (item 6) of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Provision(s) | Commencement | Date/Details |
6. Schedule 6, item 142 | The later of: (a) the same time as the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the Trans-Tasman Proceedings Act 2010 . However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 11 October 2013 (paragraph (b) applies) |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 64, 2011 |
s 4..................... | am No 64, 2011; No 13, 2021 |
Part 2 |
|
Division 2 |
|
s 8..................... | am No 64, 2011 |
Part 3 |
|
Division 1 |
|
s 16.................... | am No 64, 2011 |
Division 2 |
|
s 17.................... | am No 64, 2011 |
s 19.................... | am No 64, 2011 |
s 20.................... | am No 64, 2011 |
Part 4 |
|
Division 2 |
|
s 25.................... | am No 13, 2021 |
s 26.................... | am No 64, 2011 |
Part 5 |
|
Division 2 |
|
s 36.................... | am No 103, 2010 |
Part 6 |
|
Division 3 |
|
s 56.................... | am No 64, 2011 |
s 61.................... | am No 64, 2011 |
s 62.................... | am No 36, 2010 |
s 63.................... | am No 13, 2021 |
Part 7 |
|
Division 2 |
|
s 66.................... | am No 64, 2011 |
Part 8 |
|
Division 2 |
|
s 81.................... | am No 103, 2010 |
Division 3 |
|
s 87.................... | am No 36, 2010 |
Part 10 |
|
Division 2 |
|
s 109................... | am No 13, 2013; No 13, 2021 |