Trans-Tasman Proceedings Act 2010

The Australian court may determine the defendant’s application under section 17 without a hearing.

However, the Australian court must determine the defendant’s application with a hearing if any of the following requests the court to do so:

the plaintiff;

the defendant;

any other person who is required or permitted, by the regulations or the Australian court’s procedural rules, to be served with the defendant’s application.

The request must be made within:

10 working days of the Australian court after the day the defendant made the application; or

if, before or after the end of that period, a person referred to in subsection (2) applies to the Australian court for a shorter or longer period—any shorter or longer period the Australian court considers appropriate.

The defendant and the defendant’s lawyer may appear remotely in a hearing in the Australian court about the application for an order to stay the proceeding if:

the defendant was served, or purportedly served, with the initiating document for the proceeding in New Zealand under section 9; and

within the period (if any) prescribed by the regulations, the defendant made a request to the Australian court for that remote appearance; and

a remote appearance medium is, or can reasonably be made, available.

Ordinarily, for a person to appear remotely from New Zealand in a proceeding in an Australian court, the person needs the leave of the Australian court (see sections 48 and 50).