Form 1
r 6
Notice giving prescribed information
for defendant served in Australia
SECTIONS 8(1)(A) AND 15 TRANS-TASMAN PROCEEDINGS ACT 2010 (NZ)
IF THE PERSON TO BE SERVED IS NOT DESCRIBED IN THE INITIATING DOCUMENT AS A DEFENDANT,
SUBSTITUTE THE CORRECT DESCRIPTION IN THE HEADING OF THIS NOTICE.
Please read this notice and the attached document very carefully.
If you have any trouble understanding them, you should get legal advice as soon as possible.
The plaintiff has commenced a proceeding against you in the
[New Zealand commencement court or tribunal].
Attached to this notice
[name(s) of document(s)]
(the attached document(s)) filed in the
[New Zealand commencement court or tribunal].
Service of the attached document(s) in Australia is authorised by the Trans-Tasman Proceedings
Act 2010 (NZ).
Consequences of the attached document(s) being served on you
The
[New Zealand commencement court or tribunal]
can consider and make a decision on any claim set out in the attached document(s). The decision of
the
[New Zealand commencement court or tribunal]
on this claim (its judgment) may be enforced in Australia or New Zealand.
defendant
is:
Your rights to apply for the proceeding to be stayed
If a court in Australia is the more appropriate court to decide the claim set out in the attached
document(s), you may be able to have the proceeding stayed by applying to the
[New Zealand commencement court or tribunal].
If the proceeding is stayed, the claim cannot proceed in the
[New Zealand commencement court or tribunal].
You have 30 working days from the day on which you are served with the attached document(s) to
apply for the proceeding to be stayed.
If you think the proceeding should be stayed, it is recommended that you get legal advice as soon as
possible.
Contesting this claim
If you want to contest this claim, you must take any action set out in the attached document(s) as
being necessary to contest the claim. You have working days after the day on which you are
served with the attached document(s) to respond.
IF THE PROCEDURAL RULES OF THE NEW ZEALAND COMMENCEMENT COURT OR TRIBUNAL WOULD ALLOW A
LONGER PERIOD THAN 30 WORKING DAYS FOR FILING AN APPEARANCE OR RESPONSE DOCUMENT IN THE
CASE OF SERVICE WITHIN NEW ZEALAND, SUBSTITUTE THAT LONGER PERIOD.
The
[name of appearance or response document]
must contain an address in New Zealand or Australia where documents can be left for you or sent to
you.
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