Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010

No. 36, 2010 as amended

Compilation start date: 11 October 2013

Includes amendments up to: Act No. 136, 2012

About this compilation

This compilation

This is a compilation of the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 as in force on 11 October 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 11 October 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Schedule(s) 2

4 Definitions 3

Schedule 1—Application of the Trans-Tasman Act 4

Schedule 2—Consequential repeals and amendments 6

Part 1—Repeal of the Evidence and Procedure (New Zealand) Act 1994 6

Evidence and Procedure (New Zealand) Act 1994 6

Part 2—Amendment of the Federal Court of Australia Act 1976 8

Federal Court of Australia Act 1976 8

Part 3—Other amendments 10

Defence Force Discipline Act 1982 10

Family Law Act 1975 10

Federal Magistrates Act 1999 11

Foreign Judgments Act 1991 11

Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2010 12

Service and Execution of Process Act 1992 12

Trans-Tasman Proceedings Act 2010 12

Endnotes 13

Endnote 1—About the endnotes 13

Endnote 2—Abbreviation key 15

Endnote 3—Legislation history 16

Endnote 4—Amendment history 17

Endnote 5—Uncommenced amendments [none] 18

Endnote 6—Modifications [none] 18

Endnote 7—Misdescribed amendments [none] 18

Endnote 8—Miscellaneous [none] 18

An Act to deal with transitional and consequential matters in connection with the Trans-Tasman Proceedings Act 2010, and for related purposes
1 Short title

This Act may be cited as the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 13 April 2010
2. Schedule 1 At the same time as section 3 of the Trans-Tasman Proceedings Act 2010 commences. 11 October 2013
3. Schedule 2, items 1 to 23 At the same time as section 3 of the Trans-Tasman Proceedings Act 2010 commences. 11 October 2013
4. Schedule 2, item 24 Immediately after the commencement of item 22 of Schedule 2 to the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011. However, the provision(s) do not commence at all if item 22 of Schedule 2 to the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011commences before the commencement of the provision(s) covered by table item 3. Does not commence
5. Schedule 2, items 25 and 26 At the same time as section 3 of the Trans-Tasman Proceedings Act 2010 commences. 11 October 2013
6. Schedule 2, items 27 and 28 The later of: (a) immediately after the commencement of the provision(s) covered by table item 3; and (b) immediately after the commencement of item 22 of Schedule 2 to the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 11 October 2013

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 2

Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Definitions 1

In this Act:

commencement means the day on which section 3 of the Trans-Tasman Proceedings Act 2010 commences.

Trans-Tasman Act means the Trans-Tasman Proceedings Act 2010.

 2

In this Act, expressions that are defined in the Trans-Tasman Act have the same meanings as they have in that Act.
Application of the Trans-Tasman Act 1 Application of Part 2 of the Trans-Tasman Act

Part 2 of the Trans-Tasman Act (which deals with service in New Zealand of initiating documents issued by Australian courts and tribunals) applies to:

 a

a civil proceeding commenced on or after commencement; or

 b

a civil proceeding commenced before commencement, but only if not all of the initiating documents for the proceeding have been served before commencement.

 2 Application of Part 3 of the Trans-Tasman Act

Part 3 of the Trans-Tasman Act (which deals with Australian courts declining jurisdiction on the grounds that a New Zealand court is the more appropriate forum) applies to an application made under that Part on or after commencement by a defendant to a civil proceeding that:

 a

was commenced in an Australian court on or after commencement; or

 b

was commenced in an Australian court before commencement, but only if an initiating document for the proceeding was served on the defendant in New Zealand after commencement under Part 2 of that Act.

 3 Application of Part 4 of the Trans-Tasman Act

Part 4 of the Trans-Tasman Act (which deals with Australian courts granting interim relief in support of civil proceedings in New Zealand courts) applies to a civil proceeding commenced, or to be commenced, in a New Zealand court on or after commencement.

 4 Application of Part 5 of the Trans-Tasman Act 1

Part 5 of the Trans-Tasman Act (which deals with subpoenas) applies to a subpoena issued before, on or after commencement.

 2

(2) Despite subitem (1), Evidence and Procedure (New Zealand) Act 1994 for the subpoena to be served in New Zealand.Division 2 of Part 5 of the Trans-Tasman Act (which deals with Australian subpoenas) does not apply to a subpoena if, before commencement, the court gave leave under section 9 of the

Note: The Evidence and Procedure (New Zealand) Act 1994 continues to apply to the subpoena: see item 2 of Schedule 2 to this Act.

 5 Application of Part 6 of the Trans-Tasman Act 1

Part 6 of the Trans-Tasman Act (which deals with remote appearances) applies to a remote appearance that is made on or after commencement. It does not matter whether the proceeding in which the remote appearance is made commenced before, on or after commencement.

 2

Despite subitem (1), Division 2 of Part 6 of the Trans-Tasman Act (which deals with remote appearances from New Zealand in Australian proceedings) does not apply to a remote appearance if:

 a

the remote appearance is to give evidence or make submissions; and

 b

(b) before commencement, the court directed under Evidence and Procedure (New Zealand) Act 1994 that the evidence be given or submissions be made, by video link or telephone, from New Zealand.section 25 of the

Note: The Evidence and Procedure (New Zealand) Act 1994 continues to apply to these remote appearances: see item 2 of Schedule 2 to this Act.

 6 Application of Part 7 of the Trans-Tasman Act

Part 7 of the Trans-Tasman Act (which deals with the recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals) applies to judgments given on or after commencement. It does not matter whether the proceeding in which the judgment is given commenced before, on or after commencement.

 7 Application of Part 8 of the Trans-Tasman Act

Part 8 of the Trans-Tasman Act (which deals with trans-Tasman market proceedings) applies to proceedings commenced on or after commencement.

 8 Application of Part 9 of the Trans-Tasman Act

Part 9 of the Trans-Tasman Act (which deals with evidence of certain New Zealand matters) applies to proceedings commenced before, on or after commencement.

 Consequential repeals and amendments

Evidence and Procedure (New Zealand) Act 1994

 1 The whole of the Act

Repeal the Act.

 2 Saving 1

(1) This item applies despite the repeal of the Evidence and Procedure (New Zealand) Act 1994 (the EPNZA) made by this Schedule.

 2

If, before commencement, a court gave leave under section 9 of the EPNZA for a subpoena to be served in New Zealand, then the EPNZA, as in force immediately before commencement, continues to apply on and after commencement in relation to the subpoena.

 3

If, before commencement, a court directed under section 25 of the EPNZA that:

 a

evidence be taken; or

 b

submissions be made;

by video link or telephone from New Zealand, then the EPNZA, as in force immediately before commencement, continues to apply on and after commencement in relation to the taking of that evidence or the making of those submissions.

Federal Court of Australia Act 1976

 4

(4) Section 47 of the EPNZA (which deals with the application of the Foreign Judgments Act 1991), as in force immediately before commencement, continues to apply on and after commencement in relation to a judgment given before commencement.

 5

Regulations made under section 49 of the EPNZA, as in force immediately before commencement, continue to apply on and after commencement in relation to:

 a

a subpoena to which subitem (2) applies; or

 b

the taking of evidence, or making of submissions, to which subitem (3) applies.

 3 Paragraph 32A(4)(b)

Omit “Australian proceeding within the meaning of Trans-Tasman Proceedings Act 2010”.Part IIIA”, substitute “Australian market proceeding within the meaning of the

4 Part IIIA

Repeal the Part.

 5 Subsection 47A(5) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 6 Subsection 47B(3) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 7 Section 47G

Omit “the Evidence and Procedure (New Zealand) Act 1994”, substitute “the Trans-Tasman Proceedings Act 2010”.

 8 Paragraphs 59(2)(y), (za), (zb), (zc), (zd) and (ze)

Repeal the paragraphs, substitute:

 y

(y) the Court’s sittings in New Zealand under Part 8 of the Trans-Tasman Proceedings Act 2010; and

 za

(za) the enforcement of orders under subsection 85(5) of the Trans-Tasman Proceedings Act 2010; and

 zb

(zb) the registration and enforcement, and the setting aside of the registration, of judgments under Part 7 of the Trans-Tasman Proceedings Act 2010; and

 zc

the transmission of documents to the High Court of New Zealand; and

 zd

(zd) taking evidence under Trans-Tasman Proceedings Act 2010; andsection 89 of the

ze

(ze) the exercise in Chambers of the Court’s jurisdiction under Part 8 of the Trans-Tasman Proceedings Act 2010; and

 9 Saving 1

(1) Despite the repeal of Federal Court of Australia Act 1976 made by this Schedule, Part IIIA of that Act, as in force immediately before commencement, continues to apply on and after commencement in relation to a proceeding commenced before commencement.Part IIIA of the

2

(2) Despite subitem (1), Federal Court of Australia Act 1976 does not apply on and after commencement in relation to a judgment given on or after commencement.Division 5 of Part IIIA of the

3

(3) Despite the amendments made to paragraphs 59(2)(y), (za), (zb), (zc), (zd) and (ze) of the Federal Court of Australia Act 1976 by this Schedule, Rules of Court made for the purposes of those paragraphs continue to apply on and after commencement in relation to a proceeding commenced before commencement.

 4

(4) Regulations made under Federal Court of Australia Act 1976 for the purposes of Part IIIA of that Act continue to apply on and after commencement in relation to a proceeding commenced before commencement.section 60 of the

Defence Force Discipline Act 1982

 10 Subsection 148A(5) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 11 Subsection 148B(3) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 12 Section 148F

Omit “the Evidence and Procedure (New Zealand) Act 1994”, substitute “the Trans-Tasman Proceedings Act 2010”.

Family Law Act 1975

 13 Subsection 102C(5) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 14 Subsection 102D(3) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 15 Subsection 102E(3) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 16 Section 102L

Omit “the Evidence and Procedure (New Zealand) Act 1994”, substitute “the Trans-Tasman Proceedings Act 2010”.

Federal Magistrates Act 1999

 17 Subsection 66(5) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 18 Subsection 67(3) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 19 Subsection 68(3) (note)

Repeal the note, substitute:

Note: See Part 6 of the Trans-Tasman Proceedings Act 2010.

 20 Section 73

Omit “the Evidence and Procedure (New Zealand) Act 1994”, substitute “the Trans-Tasman Proceedings Act 2010”.

Foreign Judgments Act 1991

 21 Paragraph 5(8)(d)

Omit “New Zealand or”.

 22 Subsection 5(10)

Repeal the subsection, substitute:

Note: For the enforcement in Australia of judgments given by courts of New Zealand, see Part 7 of the Trans-Tasman Proceedings Act 2010.

 10

This Part does not apply to a judgment given by a court of New Zealand.

 23 Saving

Despite the amendments made to paragraph 5(8)(d) and subsection 5(10) of the Foreign Judgments Act 1991 by this Schedule, those provisions, as in force immediately before commencement, continue to apply on and after commencement in relation to a judgment given before commencement.

Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2010

 24 Item 22 of Schedule 2

Repeal the item.

Service and Execution of Process Act 1992

 25 Subsection 3(1) (paragraph (e) of the definition of judgment)

After “the Foreign Judgments Act 1991”, insert “or the Trans-Tasman Proceedings Act 2010”.

 26 Subsection 3(1) (paragraph (f) of the definition of judgment)

After “the Foreign Judgments Act 1991”, insert “or the Trans-Tasman Proceedings Act 2010”.

Trans-Tasman Proceedings Act 2010

 27 Subsection 62(2)

Before “judicial proceeding”, insert “federal”.

 28 Subsection 87(2)

Before “judicial proceeding”, insert “federal”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 a

(a) Subsection 2(1) (item 2) of the Trans-Tasman Proceedings Amendment and Other Measures Act 2011 provides as follows:

 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.