Originating application under section 58(2) of the Trans-Tasman Proceedings Act to enforce an order made by a New Zealand Court (Form 100)

Part 6 of the Trans-Tasman Proceedings Act 2010 lets people in Australia appear remotely in New Zealand proceedings. For those appearances, section 57 lets the New Zealand court or tribunal order that a hearing be held in private, require a person to leave the place in Australia the appearance is made from, or prohibit or restrict publication of submissions or names. Those orders must be complied with, and section 58(2) lets the Federal Court enforce them as if they were its own orders. A person who contravenes one is in contempt of the Federal Court unless the contravention is excused (s 58(3)). Rule 34.71 of the Federal Court Rules 2011 requires an originating application in accordance with Form 100, with a supporting affidavit.

When you need it

• You are a party to a New Zealand proceeding and someone in Australia has contravened a section 57 order made for a remote appearance from Australia.
• For example, a person published a witness's name in breach of a non-publication order, or refused to leave the room as ordered.
• Not for registering or enforcing an ordinary New Zealand judgment, which has its own procedure under Part 7 of the Act.

1. 1

   Complete the heading

   Fill in the District Registry, Division and parties. The respondent is the person alleged to have contravened the order.

2. 2

   Details of application

   Insert the name of the party applying. The form records that, as a party to a New Zealand proceeding, they apply under section 58(2) to enforce an order made by a New Zealand court.

3. 3

   Prepare the affidavit

   State the order alleged to have been contravened, describe the person alleged to have contravened it, and set out the circumstances of the contravention (r 34.71(2)). Exhibit a copy of the order.

4. 4

   Interlocutory relief and representative capacity

   Keep these sections only if they apply, otherwise delete them.

5. 5

   Addresses, service and signature

   Give the address for service in Australia (r 11.01) and email, choose one service statement, then date and sign as applicant or lawyer.

• File through eLodgment with the affidavit. A filing fee applies - check the current fee schedule.
• Serve the application and affidavit personally on each respondent at least 5 days before the first hearing (r 8.06).
• Rule 34.71 does not affect the Court's power to punish for contempt (r 34.71(3)).

• Act quickly. Breaches of non-publication orders can spread fast, and you may need urgent interlocutory relief.
• Use a sealed or certified copy of the New Zealand order so its terms are not in dispute.