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Trans Tasman Law

 

Trans-Tasman Law – New Zealand Solicitors in Queensland

Harrigan Lawyers are admitted to practice in both Australia and New Zealand and can therefore assist you with Trans-Tasman legal advice. We can help if you:

  • need a New Zealand solicitor in Queensland
  • would prefer to appear by audio or video link for certain court proceedings in New Zealand
  • need a person located in New Zealand to give evidence in certain Australian proceedings
  • require an Australian Court or New Zealand Court judgment to be recognised in the other country
  • wish to request for a case that commenced in New Zealand to be heard before an Australian Court, and vice versa, in certain circumstances
  • are starting a business in New Zealand

New Zealand Family Lawyers in Queensland

If you are in a family law dispute and need advice or are wondering whether to file for a divorce or property settlement in either an Australian or New Zealand Court, we can help. We can provide guidance if you are seeking child support or need a financial agreement or advice on the transfer of property in Australia or New Zealand.

Trans-Tasman Litigation

Australia and New Zealand have processes in place to streamline certain proceedings in circumstances where aspects of those matters traverse across both countries. The Trans-Tasman Proceedings Act (TTPA) gives parties from Australia and New Zealand reciprocal rights if they are involved in certain civil proceedings. The TTPA streamlines the service of proceedings between the countries and can help simplify the litigation process and reduce costs in your matter.

How Does the Trans-Tasman Proceedings Act Operate?

The TTPA brings the legal systems of Australia and New Zealand closer, specifically in civil proceedings. Litigation between parties located in Australia and New Zealand is more like litigation between parties in the same country.

Under the TTPA:

  • Proceedings can be served on defendants in Australia as if they were resident in New Zealand, and vice versa, without seeking judicial leave or having to demonstrate a domestic connection.
  • Defendants can seek a stay of proceedings if they consider the case could be tried more appropriately in the other country, subject to a standardised test (for example, considering where the relevant events took place or witnesses are located). A tactical home advantage can nonetheless be gained by filing first, putting the onus on the defendant to persuade the ‘away’ court to decline jurisdiction.
  • Counsel may participate remotely in proceedings in the other country. If you are served with New Zealand proceedings in Australia or vice versa, you can instruct an Australian lawyer to represent you (including by filing documents and appearing by video-link) to seek a stay.
  • The courts of each country have express powers to grant certain interim measures (for example, injunctions or freezing orders) in support of civil proceedings commenced in the other country.
  • Most civil judgments from either country may be enforced in the other country by a simple registration procedure. Procedures are also specified for the Trans-Tasman enforcement of competition law judgments.

Note, where parties have contractually agreed to have their disputes resolved specifically by the courts of either New Zealand or Australia, that choice of court must be respected.

We can advise you on all aspects of the TTPA as well as the Trans-Tasman Mutual Recognition Act (TTMRA). If you need assistance, contact [email protected] or call 07 3733 1542 for expert legal advice.

Rules of Conduct and Client Care for Lawyers issued by the New Zealand Law Society

These are available at Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.