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COMMONWEALTHAct
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s 26

Giving of interim relief in support of a New Zealand proceeding

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Part 4Australian courts granting interim relief in support of civil proceedings in New Zealand courts
Division 2Australian courts granting interim relief in support of civil proceedings in New Zealand courts

26 Giving of interim relief in support of a New Zealand proceeding

(1)

On application under section 25, the Australian court may give interim relief (other than a warrant for the arrest of property) in the terms it considers appropriate if:

(a)

the court considers it appropriate to give the interim relief in support of the New Zealand proceeding; and

(b)

if a proceeding similar to the New Zealand proceeding had been commenced in the court, the court:

(i)

would have had power to give the interim relief in that similar proceeding; and

(ii)

would have given the interim relief in that similar proceeding.

(3)

This section does not affect any other powers of the Australian court to give interim relief in support of the New Zealand proceeding.

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