Trans‑Tasman Proceedings Act 2010
No. 35, 2010
Compilation No. 2
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 4 November 2021
About this compilation
This compilation
This is a compilation of the Trans-Tasman Proceedings Act 2010 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
Overview
The Trans-Tasman Proceedings Act 2010 was enacted to streamline the process for resolving civil proceedings with a trans-Tasman element, to minimise existing impediments to enforcing certain New Zealand judgments and regulatory sanctions, and to implement the Trans-Tasman Agreement in Australian law. The Act was assented to on 13 April 2010, with sections 1 and 2 coming into force on that date, and the remaining provisions commencing on 11 October 2013. The policy objective of the Act is to facilitate the resolution of civil proceedings with trans-Tasman connections by providing mechanisms for service of initiating documents in New Zealand, allowing Australian courts to decline jurisdiction in favour of New Zealand courts, granting of interim relief by Australian courts, enforcement of subpoenas, and recognition and enforcement of specified judgments of New Zealand courts and tribunals. The Act also includes provisions for remote appearances and special rules for trans-Tasman market proceedings.
Scope and Application
The Trans-Tasman Proceedings Act 2010 applies to civil proceedings commenced in Australian courts or tribunals that have a connection to New Zealand, and vice versa. The Act facilitates the service of initiating documents, subpoenas, and interim relief requests across the Tasman Sea, aiming to streamline the process for resolving civil proceedings and minimize impediments to enforcing judgments and regulatory sanctions. It applies to civil proceedings in Australian courts and tribunals that are not related to excluded matters, actions in rem, or proceedings of certain types prescribed by regulations. The Act also allows Australian courts to decline jurisdiction in favor of New Zealand courts if the latter is deemed more appropriate. Furthermore, it enables Australian courts to grant interim relief in support of civil proceedings in New Zealand courts and allows for the recognition and enforcement of specified New Zealand court judgments in Australia. The Act extends its application to specific trans-Tasman market proceedings, providing rules for evidence and proceedings in both Australian and New Zealand courts. It also outlines provisions for remote appearances in proceedings and the administration of oaths or affirmations. The Act's application is subject to certain exclusions and thresholds, as well as the regulations and agreements that may be made under its authority.
Key Provisions
- The Trans-Tasman Proceedings Act 2010 facilitates streamlined procedures for civil proceedings with a trans-Tasman element, reduces impediments to enforcing certain New Zealand judgments and regulatory sanctions, and implements the Trans-Tasman Agreement in Australian law. Key provisions include the service of initiating documents in New Zealand by Australian courts and tribunals, allowing defendants to be served in New Zealand and requiring certain information to be provided. Australian courts can decline jurisdiction in favour of New Zealand courts if the latter are deemed more appropriate, with considerations such as the parties' residences and the subject matter of the proceeding. Australian courts can also provide interim relief in support of New Zealand civil proceedings, and subpoenas from Australian and New Zealand courts and tribunals can be served across borders with specific requirements. The Act allows for remote appearances from New Zealand in Australian proceedings and vice versa, with provisions for audiovisual and audio links, and sets out offences and penalties for breaches such as assault, obstruction, and contempt. Registered New Zealand judgments can be enforced in Australia, subject to certain conditions and restrictions. The Act also includes provisions for trans-Tasman market proceedings, with the Federal Court and High Court of New Zealand exercising jurisdiction in each other's territories. The Act outlines evidential rules for New Zealand matters in Australian proceedings and provides for miscellaneous matters such as court rules and regulations. Offences under the Act, such as contempt or disobeying an order, carry penalties including imprisonment and fines.
- Area of Law
- International Trade Law
- International Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Enforcement Powers
- Repeal & Amendment
- Civil Penalty Provisions
- Licensing & Registration