Document ID: chunk:federal_register_of_legislation:F2024C00983:schedule:1
Version: federal_register_of_legislation:F2024C00983
Segment Type: schedule
Provision Reference: sch 1
Character Range: 16092–18070

Schedule 1—Forms
(section 4)

Form 1—Notice to defendant served in NZ
(section 5)

Please read this notice and the attached document(s) very carefully.

If you have any trouble understanding these documents, you should get legal advice as soon as possible.

The plaintiff has commenced a proceeding against you in the [Australian commencement court or tribunal]. Attached to this notice is a/are [name(s) of document(s)] ('the attached document(s)') filed in the [Australian commencement court or tribunal].

Service of the attached document(s) in NZ is authorised by the Trans‑Tasman Proceedings Act 2010 (Cth).

Consequences of the attached document(s) being served on you

The [Australian commencement court or tribunal] can consider, and make a decision on, any claim set out in the attached document(s).

The [Australian commencement court or tribunal]'s decision on this claim (its judgment) may be enforced in Australia or NZ.

Your rights to apply for the proceeding to be stayed

If a court in NZ is the more appropriate court to decide the claim set out in the attached document(s), you may be able to have the proceeding stayed by applying to the [Australian commencement court or tribunal]. If the proceeding is stayed, the claim cannot proceed in the [Australian commencement court or tribunal].

You have 30 working days from the day on which you are served with the attached document(s) to apply for the proceeding to be stayed.

If you think the proceeding should be stayed, it is recommended you get legal advice as soon as possible.

Contesting this claim

If you want to contest this claim, you must take any action set out in the attached document(s) as being necessary to contest the claim. You have 30 working days,1 after the day on which you are served with the attached document(s), to respond.

The [name of appearance or response document] must contain an address in Australia or NZ where documents can be left for you or sent to you.