Document ID: chunk:federal_register_of_legislation:C2021C00487:section:4:p2
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 4 (pt 2/5)
Character Range: 17345–20076

person:
 (i) in whose favour the judgment was given; or
 (ii) in whom rights under the judgment have (by assignment, succession, or otherwise) become vested; and
 (b) for an NZ judgment in a proceeding for compensation, damages or reparation relating to an offence against New Zealand law—includes the Crown in right of New Zealand acting on behalf of a person referred to in paragraph (a).
examination of a person giving evidence means the examination‑in‑chief, cross‑examination or re‑examination of the person.
excluded family proceeding means:
 (a) a proceeding in respect of an application made under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; or
 (b) a proceeding relating to the status or property of a person who is not fully able to manage his or her own affairs.
Note: The text of the Convention referred to in paragraph (a) is set out in Australian Treaty Series 1987 No. 2 ([1987] ATS 2). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
excluded matter means:
 (a) the dissolution of a marriage; or
 (b) the enforcement of:
 (i) an obligation under Australian law to maintain a spouse or a de facto partner (within the meaning of the Acts Interpretation Act 1901); or
 (ii) an obligation under New Zealand law to maintain a spouse, a civil union partner (within the meaning of the Civil Union Act 2004 of New Zealand) or a de facto partner (within the meaning of the Property (Relationships) Act 1976 of New Zealand); or
 (c) the enforcement of a child support obligation.
exclusive choice of court agreement: see subsection 20(3).
expenses, in relation to a subpoena, include the reasonable costs of:
 (a) necessary travel to and from, and accommodation at, the place where complying with the subpoena is required; or
 (b) finding, collating and producing a document or thing;
for the purposes of complying with the subpoena.
Federal Court means the Federal Court of Australia.
given, in relation to a judgment, includes entered, made or granted.
inferior Australian court means an Australian court that is not:
 (a) the High Court of Australia; or
 (b) a superior Australian court.
initiating document means a document:
 (a) by which a civil proceeding is commenced in an Australian court or tribunal; or
 (b) by reference to which a person becomes a party to a civil proceeding in an Australian court or tribunal.
issuing Australian court or tribunal, in relation to a document, means the Australian court or tribunal that issued the document.
judgment of a court or tribunal means a judgment, award, decree or order of the court or