Trans-Tasman Proceedings Act 2010

• Jurisdiction: New Zealand
• Coming into Force: 28 October 2021
• Reference: 2010 No 108
• Citation: 2010 No 108
• Year: 2010
• Record Number: DLM2576200
• Act Number: 108
• Type of Document: Act

Contenidos

• Trans-Tasman Proceedings Act 2010
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose of, and guides to, this Act
• 4 Interpretation
• 5 References to repealed Australian enactments
• 6 Trans-Tasman market proceedings provisions not affected
• 7 Act binds the Crown
• 8 Regulations
• 9 Procedural rules
• 10 Amendments to, and revocations of, other enactments
• Part 2
• Part 1
• 11 Guide to this subpart
• 12 Application of this subpart
• 13 Service of initiating documents in Australia
• 14 Effect of service under section 13
• 15 Information for defendant that must be in or with documents served under section 13
• 16 Consequences of failing to provide information
• 17 Time for filing appearance or response document
• 18 Defendant's address for service
• 19 Defendant may appear remotely in hearing of application for stay
• 20 Security for costs
• Part 2
• 21 Guide to this subpart
• 22 Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum
• 23 Hearing on, or other determination of, application
• 24 Order of stay of proceeding
• 25 Exclusive choice of court agreements
• 26 Power to make stay subject to conditions
• 27 How this subpart affects New Zealand court's powers to stay proceedings
• 28 No restraint of proceedings
• 29 Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts
• Part 3
• 30 Guide to this subpart
• 31 Application to New Zealand court for interim relief in support of Australian proceeding
• 32 Giving of interim relief in support of Australian proceeding
• 33 Application of New Zealand court procedural rules to interim relief proceeding
• Part 4
• 34 Guide to this subpart
• 35 Evidence Act 2006 trans-Tasman evidence regime governs remote appearances related to remote evidence
• 36 Courts (Remote Participation) Act 2010 does not apply to appearances under this subpart
• 37 Application of sections 38 to 43
• 38 New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings
• 39 Appearing remotely without leave in hearing of application for stay
• 40 Remote appearances from Australia by audiovisual link
• 41 Remote appearances from Australia by audio link
• 42 Costs of remote appearances from Australia
• 43 Powers of New Zealand court or tribunal in Australia
• 44 People in New Zealand appearing remotely in Australian proceedings
• 45 Powers of Australian courts or tribunals in New Zealand
• 46 Orders of Australian courts and tribunals
• 47 Enforcement of orders of Australian courts and tribunals
• 48 Place from which remote appearance made part of Australian court or tribunal
• 49 Privileges, protections, and immunities of participants in Australian proceedings
• 50 Contempt of Australian courts or tribunals
• 51 Assistance to Australian courts and tribunals
• Part 5
• 52 Guide to this subpart
• 53 When registrable Australian judgments are enforceable in New Zealand
• 54 Registrable Australian judgment defined
• 55 Orders applying subpart to Australian tribunals and their orders
• 56 Application to register Australian judgment
• 57 Registration of registrable Australian judgments
• 58 Currency
• 59 Money judgments partly satisfied when entitled person applies for registration
• 60 Judgments only some provisions of which are registrable
• 61 Setting aside registration
• 62 Notice to liable person
• 63 Effect of registration and notification
• 64 Restriction on enforcing registered Australian judgments
• 65 Stay of enforcement of registered judgment so that liable person can challenge it in Australian court or tribunal
• 66 Costs and expenses of enforcement of registered Australian judgments
• 67 Interest on registered Australian judgments
• 68 Enforcement of registered Australian judgment unaffected by certain rules of private international law
• Part 6
• 69 Guide to this subpart
• 70 When judgments given in Australian trans-Tasman market proceedings are registrable under subpart 5
• 71 Registrable judgments include interim injunctions and other interlocutory orders
• 72 Registration applications may be made only to High Court
• Part 7
• 73 Guide to this subpart
• 74 When judgments imposing civil pecuniary penalties are registrable under subpart 5
• 75 Registration applications may be made only to specified courts
• Part 8
• 76 Guide to this subpart
• 77 When judgments imposing regulatory regime criminal fines are registrable under subpart 5
• 78 Registration applications may be made only to High Court
• Part 3
• 79 Part not limited by Part 1 or 2
• 80 Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
• 81 Interpretation