Untitled document

County Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013

S.R. No. 136/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Time for appearance

6Form 5A amended

7Form 5B amended

8Form 10A amended

9Form 11A amended

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 136/2013

County Court Act 1958

County Court (Chapter I Trans-Tasman Proceedings Amendment) Rules 2013

A majority of the Judges of the County Court makes the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the County Court to provide for the time period for filing an appearance by a defendant served with originating process in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 11 November 2013.

4Principal Rules

In these Rules, the County Court Civil Procedure Rules 2008[1] are called the Principal Rules.

5Time for appearance

In Rule 8.04 of the Principal Rules—

(a)in paragraph (c) omit "in New Zealand or";

(b)for paragraph (d) substitute—

"(d)where the originating process is to be served in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, not less than 42 days after service.".

6Form 5A amended

In Form 5A of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the writ in Papua New Guinea, within 28 days after service;

(d)where you are served with the writ in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the writ.".

7Form 5B amended

In Form 5B of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the originating motion in Papua New Guinea, within 28 days after service;

(d)where you are served with the originating motion in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the originating motion.".

8Form 10A amended

In Form 10A of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the counterclaim in Papua New Guinea, within 28 days after service;

(d)where you are served with the counterclaim in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the counterclaim.".

9Form 11A amended

In Form 11A of the Principal Rules, for paragraphs (c) and (d) under the words and expressions "*THE PROPER TIME TO FILE AN APPEARANCE is as follows—" substitute—

"(c)where you are served with the notice in Papua New Guinea, within 28 days after service;

(d)where you are served with the notice in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e)in any other case, within 42 days after service of the notice.".

Dated:    1 November 2013

M. ROZENES, Chief Judge	J. G. MORRISH
M. B. HARBISON	P. D. GRANT
C. D. DOUGLAS	D. A. PARSONS
G. R. ANDERSON	S. E. PULLEN
P. D. JENKINS	L. A. HANNAN
J. R. BOWMAN	M. D. MURPHY
J. A. NICHOLSON	M. E. KENNEDY
J. A. SMALLWOOD	C. M. O'NEILL
S. M. COHEN	D. L. ALLEN
M. E. SEXTON	P. G. MISSO
F. E. HOGAN	J. M. J. PATRICK
E. M. GAYNOR	P. M. WISCHUSEN
F. MILLANE	P. G. LACAVA
G. T. CHETTLE	F. R. GUCCIARDO
S. S. DAVIS	P. M. TAFT
F. SACCARDO	R. J. H. MAIDMENT
H. T. MASON	R. H. SMITH
G. P. MULLALY	B. A. COTTERELL
K. E. KINGS	M. F. MACNAMARA
J. D. MONTGOMERY	D. G. BROOKES
J. L. PARRISH	J. A. JORDAN
M. H. TINNEY	C. J. RYAN
J. F. CARMODY	P. J. COSGRAVE

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ENDNOTES

[1]

Rule 4: S.R. No. 148/2008.  Reprint No. 1 as at 7 November 2012.  Reprinted to S.R. No. 104/2012.  Subsequently amended by

S.R. Nos 85/2012, 166/2012, 167/2012, 36/2013, 69/2013 and 122/2013.