Document ID: chunk:federal_register_of_legislation:C2021C00487:section:85
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 85
Character Range: 93297–95472

85  High Court of New Zealand sitting in Australia etc.
 (1) The High Court of New Zealand may conduct or continue an NZ market proceeding in Australia.
 (2) An NZ market proceeding is a proceeding in the High Court of New Zealand in which:
 (a) a matter for determination arises under section 36A, 98H or 99A of the Commerce Act 1986 of New Zealand; or
 (b) any other kind of relief prescribed by the regulations is sought; or
 (c) an interlocutory order is sought in relation to a proceeding covered by paragraph (a) or (b); or
 (d) enforcement is sought of a judgment given in a proceeding covered by paragraph (a) or (b).
 (3) Without limiting subsection (1), judgment may be given in Australia in an NZ market proceeding.
 (4) The High Court of New Zealand may, for the purposes of an NZ market proceeding, exercise in Australia all of the powers it has when sitting in New Zealand, except its powers:
 (a) to punish for contempt; and
 (b) to enforce or execute its judgments or process.
 (5) Without limiting subsection (4), the High Court of New Zealand may in an NZ market proceeding, by order:
 (a) direct that the proceeding be conducted or continued in private; or
 (b) require a person to leave the court; or
 (c) prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the proceeding.
 (6) Without limiting subsections (1) to (5):
 (a) the Judicature Act 1908 of New Zealand; and
 (b) the High Court Rules made by or under that Act that apply to New Zealand proceedings generally;
also apply to the practice and procedure of the High Court of New Zealand in a proceeding that is an NZ market proceeding so far as the proceeding is conducted or continued in Australia.
 (7) An order under subsection (5) must be complied with.
 (8) Subject to the procedural rules of the Federal Court, an order under subsection (5) may be enforced by the Federal Court.
 (9) Without limiting subsection (8), a person who contravenes an order under subsection (5):
 (a) is in contempt of the Federal Court; and
 (b) is punishable accordingly;
unless the person establishes that the contravention should be excused.