Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p14
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 38630–41316

attend as directed by the order and produce a document or thing for the purpose of evidence;

'subpoena to give evidence' means an order requiring the person named to attend as directed by the order for the purpose of giving evidence.

"Division 2—Exercise in New Zealand of jurisdiction by Federal Court

Federal Court sittings in New Zealand etc.

"32c. (1) If the Federal Court is satisfied, at any stage of an Australian proceeding, that the proceeding could be more conveniently or fairly conducted or continued in New Zealand, the Federal Court may direct that the proceeding be conducted or continued at a place in New Zealand specified in the order.

"(2) A direction may be subject to such conditions (if any) as are specified in the order.

"(3) Without limiting subsection (1), judgment may be given in New Zealand in an Australian proceeding.

"(4) The Federal Court may, for the purposes of an Australian proceeding, take evidence or receive submissions, by video link or telephone, from a person in New Zealand.

"(5) The Federal Court may, for the purposes of an Australian proceeding, exercise in New Zealand any of the powers that the Federal Court is permitted, under New Zealand law, to exercise in New Zealand.

New Zealand counsel entitled to practise in Federal Court in New Zealand etc.

"32d. A person who is entitled to practise as a barrister, solicitor or both before the High Court of New Zealand is entitled to practise as a barrister, solicitor or both:

  (a) in an Australian proceeding before the Federal Court sitting in New Zealand; or

    (b) in relation to the examination, cross-examination or re­examination of a witness in New Zealand whose evidence is taken by video link or telephone in an Australian proceeding before the Federal Court sitting in Australia; or

    (c) in relation to the making of submissions by video link or telephone from New Zealand in an Australian proceeding before the Federal Court sitting in Australia.

Australian injunction may be made in relation to New Zealand conduct etc.

"32e. (1) The Federal Court may, in an Australian proceeding, make an order or grant an injunction restraining a person from engaging in conduct, or requiring a person to do an act or thing, in New Zealand.

"(2) A subpoena may be issued in an Australian proceeding requiring a person in New Zealand to attend before the Federal Court sitting in Australia or New Zealand.

"(3) This section does not limit by implication any power that the Federal Court has apart from this section to make an order, grant an injunction or issue a subpoena.

Service of injunction in New Zealand etc.

"32f. Subject to the Rules of Court, an Australian