Court Practice & Procedure updates for October 2013
The Criminal & Litigation team has published the following products in the Court Practice & Procedure practice area in October 2013.
New Trans-Tasman Proceedings Act 2010
The new Trans-Tasman Proceedings regime has come into effect on 11 October 2013.
For those involved in cross-border transactions, the Act aims to streamline the process for resolving trans-Tasman proceedings, with the intention of reducing costs and improving efficiency in sorting cross-border jurisdiction and cross-border enforcement of judgments in Australia and New Zealand.
One of the practical effects of the Act is that proceedings will be able to be served on defendants in Australia as if they were residents in New Zealand and vice versa, without seeking judicial leave or having to demonstrate a domestic connection. Another effect is that both Australian and New Zealand courts will now have to recognise choice of court agreements which stipulate that the courts of the other country are to determine a matter.
The new Trans-Tasman Proceedings Act 2010 (the Act) has been published in its entirety in this update to reflect the new framework for trans-Tasman legal proceedings.
- Justice Geoffrey Flick has written new commentary on the Evidence Act 1995.
- Legislative amendments have been made to the Federal Court (Bankruptcy) Rules 2005.
- The Evidence and Procedure (New Zealand) Act 1994 was repealed by the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 (SLI 36 of 2010), with effect from 11 October 2013.
- Michael Morahan has written new commentary on the Uniform Civil Procedure Rules 2005, the Local Court Act 2007, commencing actions, procedure at hearing, judgments and orders, appeals and fees and costs.
- Gerry Nash QC has written new commentary in relation to summary judgment pursuant to ss 62 and 63 of the Civil Procedure Act 2010 and s 37A of the Federal Court of Australia Act 1976, indemnity costs, depriving a successful party of costs and restrictions on appeals in relation to costs.
- Legislative amendments have been made to the Supreme Court (General Civil Procedure) Rules 2005.
New Practice Directions
New Practice Directions were issued by the Supreme and County Court. These include:
- Court of Appeal
- Practice Direction 3 of 2013: Court of Appeal – Civil applications including for leave to appeal
- Supreme Court
- Practice Note 2 of 2013: Supreme Court – Appearances by persons without an entitlement to appear in the costs court
- Notice to the Professions 2013: Supreme Court – Consent orders submitted via email
- County Court (Civil)
- PNCI 1-2013: Commercial list duty judge
- PNCI 2-2013: Commercial list expedited cases division practice note
- PNCI 3-2013: Commercial list general division Practice Note
- PNCI 4-2013: Release of recordings in civil proceedings
- County Court (Notice to Practitioners)
- Notice to Practitioners: Expansion of 24 hour initial directions hearing pilot to include straight hand-up brief matters with a plea of not guilty
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