This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 11 October 2013, amend the High Court Rules in the light of the Trans-Tasman Proceedings Act 2010 (the Act) (most of which also comes into force on 11 October 2013).
Rule 4 amends the definition of address for service in rule 1.3 to reflect that a defendant served in Australia under section 13 of the Act with an initiating document for a proceeding may under section 18 of the Act give, as the defendant's address for service for the proceeding, the address of a place in New Zealand or Australia.
Rule 5 inserts a new rule 4.14(1A) to make it clear that when service of a New Zealand proceeding is effected overseas (whether or not under the Act), the defendant has 30 working days in which to file a statement of defence. Rule 27 makes a related amendment to form G 14 of Schedule 1.
Rule 6 amends rule 5.25(2), which lists proceedings not commenced by filing a statement of claim. A new paragraph (e) is added relating to proceedings to register under subpart 5 of Part 2 of the Act a registrable Australian judgment. Proceedings of that kind are to be commenced, in accordance with the Trans-Tasman Proceedings Regulations and Rules 2013, by an application to the Registrar to register the judgment.
Rule 7 amends rule 5.36, which relates to authority to file documents. The amendment is to reflect that a person may file a document on behalf of a party if the person is authorised by, or on behalf of, the party to file the document, and—
is not the holder of a current practising certificate as a barrister or as a barrister and solicitor issued under section 39(1) of the Lawyers and Conveyancers Act 2006; but
is allowed to appear for, or to represent, the party, in connection with the proceedings, under section 27(1)(b)(i) or (ii) of the Lawyers and Conveyancers Act 2006.
Rule 8 inserts a new rule 5.36A. The new rule authorises certain Australian solicitors to file specified documents in certain trans-Tasman proceedings, and to act as solicitor on the record, before those solicitors are granted leave of the court, or are otherwise entitled under the Act, to appear in hearings in, or related to, those proceedings.
Rule 9 makes to rule 5.38 an amendment consequential on new rule 5.36A inserted by rule 8.
Rule 10 adds a new rule 5.47(3) to make it clear that when service of a New Zealand proceeding is effected overseas (whether or not under the Act), the defendant has 30 working days in which to file a statement of defence. Rule 25 makes a related amendment to form G 2 of Schedule 1.
Rule 11 amends rule 5.49, which relates to appearances to object to the jurisdiction of the court to hear and determine the proceeding. Rule 5.49(7) requires objections to jurisdiction related to service of process effected outside New Zealand under rule 6.27 or 6.28 to be determined under rule 6.29. A new rule 5.49(7A) is inserted to make rules 5.49 and 6.29 expressly subject to section 27(1) of the Act. That section provides that a New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in accordance with subpart 2 of Part 2 of the Act.
Rule 12 amends rule 6.1(1), which specifies permitted methods of service. A new paragraph (e) is added to enable a document to be served, if a defendant has been served in Australia under section 13 of the Act with an initiating document for the proceeding, by posting the document to an address for service of the party or person to be served.
Other amendments make Australia, in the light of provisions in the Act, an exception to certain rules that apply to foreign countries generally (for example, rules on service of initiating documents out of New Zealand, and rules on interim relief in New Zealand in support of overseas proceedings).
Rule 13 amends rule 6.6. Two amendments correct errors in rule 6.6(1) and (2). The other adds new rule 6.6(6) to (11), on when documents are taken to be served, and the time within which documents in response must be served, in a proceeding an initiating document for which is to be or has been served on a defendant in Australia under section 13 of the Act.
Rule 14 inserts new rules 6.13A and 6.13B, which relate to personal service on Australian corporations, partnerships, and attorneys, and to personal service in Australia on foreign corporations, of a document in a proceeding an initiating document for which is to be or has been served on a defendant in Australia under section 13 of the Act.
Rule 15 inserts new rule 6.36, which ensures that subpart 4 of Part 6 (which contains rules on service out of New Zealand) does not apply to service in Australia of an initiating document for, or other document to be served in or for, a proceeding an initiating document for which may be served in Australia under subpart 1 of Part 2 of the Act.
Rule 16 amends rule 7.81, which relates to interim relief in support of overseas proceedings. The amendment ensures, in the light of provisions on this matter in the Act, that the rule does not apply to civil proceedings in Australian courts.
Rules 17 to 21 and 28 to 30 amend rules 9.60, 9.62, 9.63, 9.64, and 9.67, and forms G 26 to G 28 of Schedule 1, in the light of (and in the light of other rules of court, for criminal proceedings, and related to) amendments that the Act makes to provisions (in subpart 1 of Part 4) of the Evidence Act 2006 on—
trans-Tasman service of, and compliance with, subpoenas issued in civil proceedings; and
New Zealand courts receiving evidence and submissions by remote appearance medium from Australia.
Rule 22 amends rule 12.4, on an interlocutory application for summary judgment. The amendment relates to an application by a plaintiff made at the time that the statement of claim is served on the defendant in Australia under section 13 of the Act. It requires the hearing date allocated (under rule 7.33) for the application to be after the period (under section 17(1)(a) or (b) of the Act) within which the defendant may file an appearance or response document.
Rule 23 revokes subpart 3 of Part 23, on the enforcement of judgments and orders of the Federal Court of Australia, as the Act provides for recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals.
Rule 24 amends rule 28.11, on certification of judgments, orders, and injunctions in New Zealand proceedings. The amendment replaces a reference to a repealed Australian enactment (section 32B of the Federal Court of Australia Act 1976) with a reference to an NZ market proceeding within the meaning of section 4 of the Trans-Tasman Proceedings Act 2010 (Aust).
Rule 26 amends form G 13 of Schedule 1 (notice of proceeding when summary judgment sought by plaintiff). The amendment ensures that the form indicates that information for the defendant under section 15 of the Act is to be used, instead of a notice in the form, if the defendant is to be served in Australia and under section 13 of the Act.
Rule 31 amends form G 29 of Schedule 1 (certificate of non-compliance with subpoena for service in Australia) to better align it with section 43(3) of the Trans-Tasman Proceedings Act 2010 (Aust).
Rule 32 amends Schedule 3, which specifies, for the purposes of determination of costs under rule 14.2(c), times considered reasonable for reasonably required steps in a proceeding or interlocutory application. A new item 58A is inserted so that 0.3 of a day is the time allocated, for bands A, B, and C in rule 14.5, for preparing and filing an application under the Act to register an Australian judgment.