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COMMONWEALTHAct
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s 8

Application of this Part

In force
Part 2Service in New Zealand of initiating documents issued by Australian courts and tribunals
Division 2Service in New Zealand of initiating documents issued by Australian courts and tribunals

8 Application of this Part

(1)

This Part applies to:

(a)

a civil proceeding commenced in an Australian court; and

(b)

a civil proceeding commenced in an Australian tribunal, but only if:

(i)

the tribunal’s procedural rules permit an initiating document relating to the proceeding to be served outside Australia; and

(ii)

the tribunal is prescribed by the regulations.

(2)

However, this Part does not apply to:

(a)

a civil proceeding that relates wholly or partly to an excluded matter; or

(b)

a civil proceeding that relates wholly or partly to an action in rem; or

(c)

a civil proceeding in an Australian tribunal, being a civil proceeding of a kind prescribed by the regulations; or

(d)

a civil proceeding that relates to a matter of a kind prescribed by the regulations.

(3)

For the purposes of subparagraph (1)(b)(ii), the regulations must not prescribe a tribunal unless, at the time of making the regulations, the tribunal is declared under section 55 of the NZ Act to be a tribunal to which subpart 5 of Part 2 of that Act applies.

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