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This is a Bill, not an Act. For current law, see the Acts databases.

TRANS-TASMAN PROCEEDINGS AMENDMENT AND OTHER MEASURES BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Trans-Tasman Proceedings Amendment
and Other Measures Bill 2011
No. , 2011
(Attorney-General)
A Bill for an Act to amend the Trans-Tasman
Proceedings Act 2010 and to validate certain court
fees, and for related purposes
i Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to staying an Australian
proceeding on forum grounds
3
Trans-Tasman Proceedings Act 2010
3
Schedule 2--Other amendments
4
Trans-Tasman Proceedings Act 2010
4
Trans-Tasman Proceedings (Transitional and Consequential
Provisions) Act 2010
5
Schedule 3--Validation of certain court fees
6
Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011 1
A Bill for an Act to amend the Trans-Tasman
1
Proceedings Act 2010 and to validate certain court
2
fees, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Trans-Tasman Proceedings
6
Amendment and Other Measures Act 2011.
7
2 Commencement
8
(1)
Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
Immediately after the commencement of
section 3 of the Trans-Tasman Proceedings
Act 2010.
3. Schedule 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2)
Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments relating to staying an Australian proceeding on forum grounds Schedule
1
Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011 3
Schedule 1--Amendments relating to staying
1
an Australian proceeding on forum
2
grounds
3
4
Trans-Tasman Proceedings Act 2010
5
1 Section 3 (paragraph relating to Part 3)
6
Omit "matters in dispute", substitute "matters in issue".
7
2 Section 16 (first paragraph)
8
Omit "appropriate court to determine the matters in dispute", substitute
9
"appropriate court to determine the matters in issue".
10
3 Section 16 (third paragraph)
11
Omit "all the matters in dispute", substitute "the matters in issue".
12
4 Section 16 (last paragraph)
13
Omit "the court to determine the matters in dispute", substitute "the
14
court to determine the matters in issue".
15
5 Subsection 17(1)
16
Omit "matters in dispute", substitute "matters in issue".
17
6 Paragraph 19(1)(a)
18
Omit "all the matters in dispute", substitute "the matters in issue".
19
7 Subsection 19(3)
20
Omit "all matters in dispute", substitute "the matters in issue".
21
8 Paragraphs 20(1)(a) and (2)(e)
22
Omit "matters in dispute", substitute "matters in issue".
23
9 Subsection 20(3)
24
Omit "matters in dispute", substitute "matters in issue".
25
26
Schedule 2 Other amendments
4 Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011
Schedule 2--Other amendments
1
2
Trans-Tasman Proceedings Act 2010
3
1 Section 4 (paragraph (d) of the definition of criminal
4
proceeding)
5
After "compensation", insert ", damages or reparation".
6
2 Section 4 (paragraph (b) of the definition of entitled person)
7
After "compensation", insert ", damages or reparation".
8
3 Section 4 (subparagraph (b)(ii) of the definition of excluded
9
matter)
10
Omit "Interpretation Act 1999", substitute "Property (Relationships)
11
Act 1976".
12
4 Subsection 8(3)
13
Omit "the NZ Act to be an Australian court for the purposes of subpart
14
5 of Part 2 of that Act", substitute "section 55 of the NZ Act to be a
15
tribunal to which subpart 5 of Part 2 of that Act applies".
16
5 Subsection 20(2)
17
Omit "However, subsection (1)", substitute "Paragraph (1)(a)".
18
6 After subsection 20(2)
19
Insert:
20
(2A)
Paragraph (1)(b) does not apply to an exclusive choice of court
21
agreement if the Australian court is satisfied that it is null and void
22
under Australian law (including the rules of private international
23
law).
24
7 Subsection 26(2)
25
Repeal the subsection.
26
8 Subsection 56(2)
27
Omit "in allowing a person in Australia to appear remotely", substitute
28
"in relation to a remote appearance by a person in Australia".
29
Other amendments Schedule 2
Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011 5
9 Before subparagraph 61(1)(b)(i)
1
Insert:
2
(ia)
a party to the proceeding; or
3
10 After subparagraph 61(2)(b)(ii)
4
Insert:
5
(iia)
a party to the proceeding; or
6
11 Subsection 66(4)
7
Omit all the words after "subparagraph (1)(b)(i)", substitute:
8
if the judgment:
9
(a)
is not made in connection with the performance of an
10
adjudicative function; or
11
(b)
is not enforceable without an order of a court; or
12
(c)
imposes a civil pecuniary penalty.
13
Trans-Tasman Proceedings (Transitional and Consequential
14
Provisions) Act 2010
15
12 Item 2 of Schedule 1
16
Omit all the words after "forum)", substitute:
17
applies to an application made under that Part on or after
18
commencement by a defendant to a civil proceeding that:
19
(a)
was commenced in an Australian court on or after
20
commencement; or
21
(b)
was commenced in an Australian court before
22
commencement, but only if an initiating document for the
23
proceeding was served on the defendant in New Zealand after
24
commencement under Part 2 of that Act.
25
26
Schedule 3 Validation of certain court fees
6 Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 No. , 2011
Schedule 3--Validation of certain court fees
1
2
1 Validation of court fees for de facto financial proceedings
3
(1)
If:
4
(a)
during the relevant period, proceedings under the Family Law
5
Act 1975 were instituted in a court (other than the Federal
6
Magistrates Court); and
7
(b)
the proceedings were de facto financial proceedings; and
8
(c)
apart from this item, a court fee for the proceedings:
9
(i) was not payable under the Family Law Regulations
10
1984 in relation to the period; but
11
(ii) would have been so payable if, at all times during the
12
period, references in those regulations to "financial or
13
Part VII proceedings" had included a reference to
14
"de facto financial proceedings";
15
then the court fee is taken to have been so payable.
16
(2)
In this item:
17
de facto financial proceedings means any of the proceedings
18
mentioned in paragraphs (a) to (f) of the definition of de facto financial
19
cause in subsection 4(1) of the Family Law Act 1975.
20
relevant period means the period that:
21
(a)
starts on 1 March 2009; and
22
(b)
ends on 25 November 2010.
23

 

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