Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p98
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 98/154)
Character Range: 450681–453394

before the Court—orally to the Court; or
 (b) by filing an interlocutory application.
 (3) The application must be accompanied by:
 (a) a copy of the subpoena; and
 (b) a copy of the order giving leave to serve the subpoena; and
 (c) an affidavit of service of the subpoena; and
 (d) a further affidavit stating the following:
 (i) whether any application was made to set aside the subpoena;
 (ii) the material in support of any application in subparagraph (i);
 (iii) any order that disposed of the application in subparagraph (i);
 (iv) the material facts relied on for the issue of a certificate of non‑compliance.
Note 1: A certificate of non‑compliance with a subpoena issued under section 38 of the Trans‑Tasman Proceedings Act will be in accordance with Form 99.
Note 2: A Registrar will affix the stamp of the Court to a certificate of non‑compliance with a subpoena.

34.70  Documents relating to application
  A person must not, without the leave of the Court, search in the Registry for, or inspect or copy a document, in an application under the Trans‑Tasman Proceedings Act for leave to serve a subpoena in New Zealand.

34.71  Application to enforce compliance with order made by New Zealand court
 (1) A party to a proceeding in a New Zealand court who wants to enforce an order made by a New Zealand court, under section 58(2) of the Trans‑Tasman Proceedings Act, must file an originating application, in accordance with Form 100.
 (2) The application must be accompanied by an affidavit stating:
 (a) the order that is alleged to have been contravened; and
 (b) a description of the person alleged to have contravened the order; and
 (c) the circumstances of the alleged contravention.
 (3) This rule does not affect the power of the Court to punish for contempt.

34.72  Notice of registration of NZ judgment
 (1) An applicant must not take any step to enforce a registered NZ judgment, in the period mentioned in section 74(2) of the Trans‑Tasman Proceedings Act, unless the applicant has filed an affidavit that states that notice of the registration of the NZ judgment has been given, in accordance with section 73 of the Trans‑Tasman Proceedings Act and any regulations made under that Act.
 (2) If a respondent against whom the registered judgment is enforceable is out of Australia, the documents mentioned in subrule (1) may be served without leave of the Court.
Note: Division 10.4 otherwise provides for service of documents outside Australia.
 (3) An applicant must file an affidavit proving service of the documents in subrule (1) before any step is taken to enforce the registered judgment.

34.73  Application for extension of time to give notice of registration of NZ judgment
 (1)