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 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  


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