Victorian Numbered Regulations Victorian Numbered RegulationsAfter Order 7 of the Magistrates' Court General Civil Procedure Rules 2010 [1] insert —
(1) In this Order—
"Trans-Tasman Proceedings Act" means the Trans-Tasman Proceedings Act 2010 of the Commonwealth.
(2) An expression used in the Trans-Tasman Proceedings Act has the same meaning in this Order as it has in that Act.
Note
The following expressions used in this Order are defined in section 4 of the Trans-Tasman Proceedings Act—
• audio link
• audiovisual link
• Australian court
• document
• enforcement
• entitled person
• given
• inferior Australian court
• liable person
• party
• person named
• procedural rules
• proceeding.
This Order applies in relation to any proceeding under the Trans-Tasman Proceedings Act .
A proceeding for an order under the Trans-Tasman Proceedings Act is commenced by filing a complaint in accordance with Order 5.
An interlocutory application in a proceeding for an order under the Trans-Tasman Proceedings Act is made by filing a summons in accordance with Order 46.
(1) An application for an order for interim relief under section 25 of the Trans-Tasman Proceedings Act is made by filing a summons.
(2) The summons must be supported by an affidavit stating—
(a) if the applicant has commenced a proceeding in a New Zealand court—
(i) that the person has commenced a proceeding in a New Zealand court; and
(ii) the relief sought in the New Zealand proceeding; and
(iii) the steps taken in the New Zealand proceeding;
(b) if the applicant intends to commence a proceeding in the New Zealand court—
(i) when the intended proceeding will be commenced; and
(ii) the court in which the intended proceeding is to be commenced; and
(iii) the relief to be sought in the intended proceeding;
(c) the interim relief sought;
(d) why the interim relief should be given.
(1) A person may apply for leave to serve a subpoena in New Zealand by filing a summons.
(2) The summons must be supported by an affidavit—
(a) stating briefly, but specifically, the following—
(i) the name, occupation and address of the addressee;
(ii) whether the addressee has attained the age of 18 years;
(iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;
(iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee;
(v) the date by which it is intended to serve the subpoena in New Zealand;
(vi) details of the amounts to be given to the addressee to meet the addressee's reasonable expenses of complying with the subpoena;
(vii) details of the way in which the amounts referred to in subparagraph (vi) are to be given to the addressee;
(viii) if the subpoena requires a specified person to give evidence, an estimate of the time that the addressee will be required to attend to give evidence;
(ix) any facts or matters known to the applicant that may be grounds for an application by the addressee to have the subpoena set aside, under section 36(2) or (3) of the Trans-Tasman Proceedings Act; and
(b) exhibiting a copy of the subpoena in relation to which leave is sought.
Note
Section 37(4) of the Trans-Tasman Proceedings Act requires that before granting leave under that Act to serve the subpoena, the Court may require the person making the application to undertake to meet the expenses reasonably incurred by the addressee in complying with the subpoena if those expenses exceed the allowances and travelling expenses to be provided to the addressee at the time of service of the subpoena.
A subpoena to which this Order applies must be in accordance with—
(a) Form 7AA, for a subpoena to give evidence;
(b) Form 7AB, for a subpoena to produce documents;
(c) Form 7AC, for a subpoena to give evidence and produce documents.
(1) An application to set aside a subpoena served in New Zealand is made by filing a summons in the proceeding in which the subpoena was issued.
(2) The summons must be supported by an affidavit—
(a) stating the material facts on which the application is based;
(b) stating whether the applicant requests that any hearing be held by audio link or audiovisual link; and
(c) exhibiting a copy of the subpoena.
(1) A party may apply to the Court for the issue of a certificate of non-compliance with a subpoena.
(2) An application may be made—
(a) if the proceeding in which the subpoena was issued is before the Court, orally to the Court; or
(b) by filing a summons.
(3) The application must be supported by—
(a) an affidavit of service of the subpoena; and
(b) a further affidavit stating the following—
(i) whether any application was made to set aside the subpoena;
(ii) the material in support of any application to set aside the subpoena;
(iii) any order that disposed of any application to set aside the subpoena;
(iv) the material facts relied on for the issue of a certificate of non-compliance.
(4) The affidavit referred to in paragraph (3)(b) must exhibit—
(a) a copy of the subpoena; and
(b) a copy of the order giving leave to serve the subpoena.
(5) For the purposes of this Rule, the Court may be constituted by a registrar.
(1) A certificate of non-compliance with a subpoena issued under section 38 of the Trans-Tasman Proceedings Act must be in Form 7AD.
(2) An order granting a certificate of non-compliance must be authenticated in accordance with section 18(2) of the Act and Rule 60.05 .
An entitled person must not take any step to enforce a NZ registered judgment unless the entitled person has filed an affidavit stating that notice of the registration of the NZ judgment has been given in accordance with—
(a) section 73 of the Trans-Tasman Proceedings Act; and
(b) any regulations made under that Act.
(1) An application by an entitled person for an extension of the time within which to give notice of the registration of a NZ judgment under section 73(3) of the Trans-Tasman Proceedings Act is made by filing a summons in the proceeding in which the judgment was registered.
(2) An application under paragraph (1) must be supported by an affidavit stating—
(a) briefly, but specifically, the grounds relied on in support of the application;
(b) the material facts relied on in support of the application; and
(c) why notice was not given within time.
(1) An application by a liable person to set aside the registration of a NZ judgment under section 72(1) of the Trans-Tasman Proceedings Act is made by filing a summons in the proceeding in which the judgment was registered.
(2) An application under paragraph (1) must be supported by an affidavit stating—
(a) briefly, but specifically, the grounds on which the registration of the judgment should be set aside; and
(b) the material facts relied on in support of the application.
Note
An application to set aside the registration of a NZ judgment must be made within 30 working days of the Court after the day on which the liable person was served with notice of the registration, or within any shorter or longer period that the Court considers appropriate—see section 72(2) of the Trans-Tasman Proceedings Act.
(1) An application by a liable person for a stay of the enforcement of a registered NZ judgment under section 76(1) of the Trans-Tasman Proceedings Act to enable the person to appeal against the judgment is made by filing a summons in the proceeding in which the judgment was registered.
(2) An application under paragraph (1) must be supported by an affidavit stating—
(a) the order sought;
(b) briefly, but specifically, the grounds relied on in support of the order sought; and
(c) the material facts relied on in support of the application.
(1) An application by a liable person for an extension of the time within which to apply for the stay of enforcement of a registered NZ judgment under section 76(3) of the Trans-Tasman Proceedings Act to enable the person to appeal against the judgment is made by filing a summons.
(2) An application under paragraph (1) must be supported by an affidavit stating—
(a) the order sought;
(b) briefly, but specifically, the grounds relied on in support of the application;
(c) the material facts relied on in support of the application; and
(d) why the application was not made within time.
(1) A party may apply for an order that evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand by filing an application in accordance with Order 41A.
(2) Paragraph (1) does not apply to a request referred to in Rule 7A.08(2)(b).
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