New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 82

82 High Court may order New Zealand proceedings to be heard in Australia

1 The High Court may, if it is satisfied that a New Zealand proceeding could more conveniently or fairly be tried or heard by the High Court in Australia or that the evidence in a New Zealand proceeding could more conveniently be given in Australia, as the case may be, order that the proceeding be tried or heard in Australia, or that the evidence be taken in Australia, and may sit in Australia for that purpose.

2 The order must specify—

a) the place in Australia where the proceeding will be tried or heard or the evidence taken, as the case may be:

b) the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be:

c) any other matters relating to the trial or the hearing or the taking of the evidence, as the case may be, as the court thinks fit.

3 Without limiting the powers of the High Court in relation to the proceeding, the High Court may give judgment in, or make any determination for the purposes of, a New Zealand proceeding in Australia.

Note: 1908 No 89 s 56E

History: Section 82: inserted, on 1 March 2017, by section 8 of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).