s 17
In forceApplication to stay Australian proceeding on forum grounds
Part 3Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum
Division 2Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum
17 Application to stay Australian proceeding on forum grounds
(1)
A defendant in a civil proceeding in an Australian court may apply to the court for an order staying the proceeding on the grounds that a New Zealand court is the more appropriate court to determine the matters in issue.
(2)
The application must be made within:
(a)
30 working days of the Australian court after the day on which the defendant was served with the initiating document for the proceeding; or
(b)
if, before or after the end of that period, the plaintiff or defendant applies to the Australian court for a shorter or longer period—any shorter or longer period the Australian court considers appropriate.
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