New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 87

87 Powers of Federal Court of Australia

1 The Federal Court of Australia may exercise all the powers of that court—

a) at a sitting of that court in New Zealand held for the purposes of an Australian proceeding:

b) at a sitting of that court in Australia held for the purposes of an Australian proceeding at which the evidence of a witness in New Zealand is taken by audio link or audiovisual link or at which submissions are made in New Zealand by a barrister or solicitor, or both, or by a party to the proceedings by audio link or audiovisual link.

2 Without limiting subsection (1), the Federal Court of Australia Act 1976 (Aust) and the rules of court made under that Act that are applicable in relation to Australian proceedings generally apply to the practice and procedure of the Federal Court at any sitting of that court of the kind referred to in that subsection.

3 Without limiting subsection (1), the Federal Court may, at any such sitting of the court in New Zealand or in Australia, by order—

a) direct that the hearing or any part of the hearing be held in private:

b) require any person to leave the court:

c) prohibit or restrict the publication of evidence or the name of any party or any witness.

4 Nothing in subsection (1) or (2) applies in relation to—

a) the power of the court to punish any person for contempt; or

b) the prosecution of any person for an offence committed as a witness; or

c) the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the court.

5 An order made under subsection (3) may be enforced by a Judge of the High Court who, for that purpose, has and may exercise the powers, including the power to punish for contempt, that would be available to enforce the order if it had been made by that Judge.

Note: 1908 No 89 s 56J

History: Section 87: inserted, on 1 March 2017, by section 8 of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).