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Trans-Tasman Proceedings Act 2010
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Attorney-General's Department
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C2025C00384 (C01)
12 April 2013
-
10 October 2013
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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
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Part 2—Service in New Zealand of initiating documents issued by Australian courts and tribunals
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Division 1—Introduction
7 Guide to this Part
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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
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Part 3—Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum
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Division 1—Introduction
16 Guide to this Part
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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
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Part 4—Australian courts granting interim relief in support of civil proceedings in New Zealand courts
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Division 1—Introduction
24 Guide to this Part
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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
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Part 5—Subpoenas
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Division 1—Introduction
28 Guide to this Part
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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
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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
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Part 6—Remote appearances
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Division 1—Introduction
46 Guide to this Part
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Division 2—Remote appearances from New Zealand in Australian proceedings
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Subdivision A—Remote appearances unrelated to remote evidence
47 Application of this Subdivision
48 Remote appearances unrelated to remote evidence
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Subdivision B—Remote appearances related to remote evidence
49 Application of this Subdivision
50 Remote appearances related to remote evidence
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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
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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
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Part 7—Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
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Division 1—Introduction
64 Guide to this Part
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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
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Part 8—Trans-Tasman market proceedings
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Division 1—Introduction
80 Guide to this Part
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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
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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
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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
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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
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Part 9—Evidence of certain New Zealand matters
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Division 1—Introduction
95 Guide to this Part
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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
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Part 10—Miscellaneous
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Division 1—Introduction
104 Guide to this Part
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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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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
