QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.595DStarting proceeding for order under Trans-Tasman Proceedings Act
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### sec.595D Starting proceeding for order under Trans-Tasman Proceedings Act
A person who wants to start a proceeding for an order under the Trans-Tasman Proceedings Act must start the proceeding by application.
The application must be supported by an affidavit that states the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at the hearing of the proceeding.
Without limiting subrule (2) , an affidavit in support of an application for an order for interim relief under the Trans-Tasman Proceedings Act , section 25 must state the following—
if the person has started a civil proceeding in a New Zealand court—
that the person has started the proceeding in a New Zealand court; and
the relief sought in the New Zealand proceeding; and
the steps taken in the New Zealand proceeding;
if the person intends to start a proceeding in a New Zealand court—
when the intended proceeding will be started; and
the court in which the intended proceeding is to be started; and
the relief to be sought in the intended proceeding;
the interim relief sought;
why the interim relief should be given.
r 595D ins 2013 SL No. 100 s 4
(sec.595D-ssec.1) A person who wants to start a proceeding for an order under the Trans-Tasman Proceedings Act must start the proceeding by application.
(sec.595D-ssec.2) The application must be supported by an affidavit that states the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at the hearing of the proceeding.
(sec.595D-ssec.3) Without limiting subrule (2) , an affidavit in support of an application for an order for interim relief under the Trans-Tasman Proceedings Act , section 25 must state the following— if the person has started a civil proceeding in a New Zealand court— that the person has started the proceeding in a New Zealand court; and the relief sought in the New Zealand proceeding; and the steps taken in the New Zealand proceeding; if the person intends to start a proceeding in a New Zealand court— when the intended proceeding will be started; and the court in which the intended proceeding is to be started; and the relief to be sought in the intended proceeding; the interim relief sought; why the interim relief should be given.
- (a) if the person has started a civil proceeding in a New Zealand court— (i) that the person has started the proceeding in a New Zealand court; and (ii) the relief sought in the New Zealand proceeding; and (iii) the steps taken in the New Zealand proceeding;
- (i) that the person has started the proceeding in a New Zealand court; and
- (ii) the relief sought in the New Zealand proceeding; and
- (iii) the steps taken in the New Zealand proceeding;
- (b) if the person intends to start a proceeding in a New Zealand court— (i) when the intended proceeding will be started; and (ii) the court in which the intended proceeding is to be started; and (iii) the relief to be sought in the intended proceeding;
- (i) when the intended proceeding will be started; and
- (ii) the court in which the intended proceeding is to be started; and
- (iii) the relief to be sought in the intended proceeding;
- (c) the interim relief sought;
- (d) why the interim relief should be given.
- (i) that the person has started the proceeding in a New Zealand court; and
- (ii) the relief sought in the New Zealand proceeding; and
- (iii) the steps taken in the New Zealand proceeding;
- (i) when the intended proceeding will be started; and
- (ii) the court in which the intended proceeding is to be started; and
- (iii) the relief to be sought in the intended proceeding;