TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 18 Hearing on the application

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 18

  (1)   The Australian court may determine the defendant's application under section   17 without a hearing.

  (2)   However, the Australian court must determine the defendant's application with a hearing if any of the following requests the court to do so:

  (a)   the plaintiff;

  (b)   the defendant;

  (c)   any other person who is required or permitted, by the regulations or the Australian court's procedural rules, to be served with the defendant's application.

  (3)   The request must be made within:

  (a)   10 working days of the Australian court after the day the defendant made the application; or

  (b)   if, before or after the end of th at period, a person referred to in subsection   ( 2) applies to the Australian court for a shorter or longer period--any shorter or longer period the Australian court considers appropriate.

  (4)   The defendant and the defendant's lawyer may appear remotely in a hearing in the Australian court about the application for an order to stay the proceeding if:

  (a)   the defendant was served, or purportedly served, with the initiating document for the proceeding in New Zealand under section   9 ; and

  (b)   within the period (if any) prescribed by the regulations, the defendant made a request to the Australian court for that remote appearance; and

  (c )   a remote appearance medium is, or can reasonably be made, available.

This subsection applies despite Subdivisions A and B of Part   6 , but is subject to the rest of Part   6 .

Note:   Ordinarily, for a person to appear remotely from New Zealand in a proceeding in an Australian court, the person needs the leave of the Australian court (see sections   48 and 50 ).