Australia and New Zealand close the gap on legal process
Businesses and individuals involved in trans-Tasman civil legal cases are set to benefit from reforms that will make legal process easier and more affordable.
Australia and New Zealand have now entered into a Treaty on Trans-Tasman Court Proceedings and Regulatory Enforcement. The principal features of the Treaty include:
- Allowing civil proceedings from a Court in one country to be served on the other without additional requirements.
- Extending the range of civil court judgments that can be enforced across the Tasman. Judgments can only be refused to be enforced if they conflict with public policy of the country of enforcement.
- Allows the regime to be extended to some administrative tribunals on a case by case basis.
- Adopts a “give way” rule when a dispute can be heard by a Court in either country.
- Allows lower court judges to authorise the issue and service of a subpoena across the Tasman in proceedings before that Court or Tribunal.
- Streamlines the taking of evidence in cross Tasman cases, including allowing parties or lawyers to appear by telephone or videolink.
- Allows enforcement of civil penalty orders across the Tasman.
- Allows the Trans-Tasman enforcement of fines to regulatory offences, where there is a strong mutual interest in doing so.
Australian Attorney-General Robert McClelland said in January this year, that legislation would be shortly introduced to the Australian Parliament to implement the Treaty, thereby “making it easier and more cost effective for Australia and New Zealand business and individuals to resolve disputes which will further encourage trade between our two countries”.
Written by Anthony Highfield, Partner
