Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p16
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 43440–46109

solicitor on the record, on the party.

"(6) This section is in addition to, and not in derogation of, any Rules of Court.

Grounds for setting aside subpoena

"32l. (1) The Federal Court may set aside, in whole or part, an Australian subpoena issued for service in New Zealand.

"(2) Without limiting the grounds on which a subpoena may be set aside, the Federal Court may set it aside on any of the following grounds:

    (a) that the person named does not have and cannot reasonably be expected to obtain necessary travel documents;

    (b) that the person named is liable to be detained for the purpose of serving a sentence;

    (c) that the person named is liable to prosecution or is being prosecuted for an offence;

    (d) that the person named is liable to the imposition of a penalty in civil proceedings (other than proceedings under the Trade Practices Act 1974);

    (e) that the evidence to be given by the person named could be obtained by other means without significantly greater expense;

    (f) that compliance with the subpoena would cause the person named hardship or serious inconvenience;

    (g) in the case of a subpoena for production—that the Federal Court is satisfied:

      (i) that the document or thing should not be taken out of New Zealand; and

        (ii) that evidence of the contents of the document, or that evidence of the thing, can be given by other means.

''Division 3—Exercise in Australia of jurisdiction by High Court of New Zealand

High Court of New Zealand sittings in Australia etc.

"32m. (1) The High Court of New Zealand may conduct or continue a New Zealand proceeding in Australia.

"(2) Without limiting subsection (1), judgment may be given in Australia in a New Zealand proceeding.

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

"(4) The High Court of New Zealand may, for the purposes of a New Zealand 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 a New Zealand 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 subsection (4), the High Court of New Zealand may, for