Document ID: chunk:federal_register_of_legislation:F2024C00983:clause:1_1:p1
Version: federal_register_of_legislation:F2024C00983
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/8)
Character Range: 18070–21100

1  If the procedural rules of the Australian commencement court or tribunal would allow a longer period than 30 working days for filing an appearance or response document in the case of service within Australia, substitute that longer period.

Form 2—Request for a hearing of defendant's application for stay of an Australian civil proceeding
       (section 6)

To the Registrar of the [Australian commencement court or tribunal] at [place]

and

To [name of other party to the proceeding]

This document notifies you that—

The [plaintiff / defendant*], [name], requests that the [Australian commencement court or tribunal] determine with a hearing the defendant's application under section 17 of the Trans‑Tasman Proceedings Act 2010 (Cth) for an order staying the proceeding.

Date:

Signature:

[Plaintiff/Defendant/Solicitor for Plaintiff/Solicitor for Defendant/
Counsel for Plaintiff/Counsel for Defendant*]

*Select one

Form 3—Request to appear remotely in the hearing of an application for stay of Australian civil proceeding
(section 7)

[Heading]

To the Registrar of the [Australian commencement court or tribunal]

   1. The [defendant/defendant's counsel/defendant and defendant's counsel*] requests under section 18 of the Trans‑Tasman Proceedings Act 2010 (Cth) ('the Act') to appear remotely in the hearing of the defendant's application for a stay of the proceeding.

   2. The defendant was [served/purportedly served*] in NZ under section 9 of the Act with the initiating document for the proceeding.

   3. The [Australian commencement court or tribunal] is determining with a hearing the defendant's application under section 17 of the Act for an order staying the proceeding.

   4. A remote appearance medium is, or can reasonably be made, available for the hearing.

   5. The remote appearance can be made from [place in NZ].

   6. The [audio link/audiovisual link*] facilities are available at [courtroom or other place in NZ where remote appearance is to be made].

   7. I estimate that the remote appearance will take [amount of time for remote appearance].

    Date:

    Signature:

    (Defendant/Defendant's counsel*)
    *Select one

Form 4—Notice to accompany subpoena
(section 10)

NOTICE TO WITNESS

THIS NOTICE IS VERY IMPORTANT

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

If you have any trouble understanding them you should get legal advice as soon as possible.

Attached to this notice is a subpoena.  [If the process served is not called a subpoena, substitute the name of the process for the word 'subpoena' throughout this notice.]

The subpoena has been issued by [court or tribunal that issued the subpoena].

The subpoena may be served in NZ under section 30 of the Trans‑Tasman Proceedings Act 2010 (Cth).

This notice:
           sets out your rights relating to the subpoena; and
           sets out your obligations relating to the subpoena; and
           includes information about how you may apply to have the subpoena set