Michael Keenan (Stirling, Liberal Party, Shadow Minister for Justice, Customs and Border Protection) Share this | Link to this | Hansard source

I rise to talk on the Trans-Tasman Proceedings Amendment and Other Measures Bill 2011. The coalition supports the passage of this bill which seeks to give further effect to the Closer Economic Relations Trade Agreement between Australia and our very good friend and partner New Zealand and, in particular, the Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement of July 2008. The latter agreement was substantially given effect to by the Trans-Tasman Proceedings Act 2010 which passed, again with coalition support. As mentioned in the bill's explanatory memorandum, this agreement will enhance cooperation between Australia and New Zealand in civil court proceedings, enable trans-Tasman disputes to be resolved more effectively and at a lower cost to businesses and individuals, and create conditions for increased trade and commerce across the Tasman.

This bill makes minor amendments to the principal act to ensure consistency of language and application with the corresponding New Zealand legislation and to adopt the recommendations of the New Zealand Parliament's justice committee. Those recommendations were directed towards preventing spurious claims for a stay of proceedings based upon reliance on jurisdictional specific statutes. The bill also corrects a technical error in amendments to the Family Law Act 1975 in relation to court fees payable in respect of de facto relationship financial proceedings. It should be noted that this error was rectified prospectively through amendments to the Family Law Regulations 1984 which came into force on 22 November 2010.

The Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement sets out the following objectives in the accompanying national interest analysis: to streamline the process for resolving civil proceedings with a trans-Tasman element in order to reduce costs, improve efficiency and minimise impediments to enforcing certain judgments and regulatory sanctions. The agreement increases certainty for trade by creating clear means through which to pursue civil litigation and will benefit both businesses and individuals involved in legal disputes across the Tasman. In conclusion, the bill is finetuning certain parts of the existing but not yet commenced legislation in order to harmonise more closely with its counterpart New Zealand legislation prior to the agreement coming into force. The coalition supports the passage of the bill and I therefore commend it to the House.

Laura Smyth (La Trobe, Australian Labor Party) Share this | Link to this | Hansard source

Over recent months we have certainly heard the Prime Minister remark on many occasions about the strength of ties between Australia and New Zealand. Those ties are certainly cultural ties, but more than that they are increasingly economic and regulatory ties, and that is certainly a good thing for both countries. The practical effect of that relationship is reflected in the trans-Tasman proceedings measures which we are referring to today in relation to the Trans-Tasman Proceedings Amendment and Other Measures Bill 2011. The agreement on court proceedings and regulatory enforcement which was made between Australia and New Zealand in 2008 will certainly enhance cooperation in civil court proceedings, and it is intended to reduce transaction and litigation risks for businesses and individuals.

It is expected and hoped that that agreement will allow trans-Tasman disputes to be resolved more quickly and more effectively and certainly at a lower cost. As someone who has acted for commercial parties in matters relating to foreign jurisdictions, I know that anything that can be done to facilitate those objectives is certainly meaningful. I know that the prospect of litigation in a foreign jurisdiction can certainly be a deterrent to plaintiffs pursuing a claim for a debt. Taking litigation of that kind can certainly be prohibitively expensive. It can cause cash flow problems and take up inordinate amounts of staff time. Anything to ease the means of taking those sorts of proceedings in other jurisdictions, as will be facilitated by this legislation, is of benefit.

The agreement between Australia and New Zealand also forms one of the initiatives between Australia and New Zealand to strengthen economic integration, including the development of a single economic market, which is being undertaken under the umbrella of the Australia New Zealand Closer Economic Relations Trade Agreement. It is good to see the practical consequences of those more widespread economic reforms being seen today.

To implement the trans-Tasman proceedings agreement, Australia introduced certain legislation in 2010. In August 2010 the New Zealand parliament enacted its equivalent legislation. We know that several changes were made to the New Zealand act during its passage in response to both parliamentary committee reports and stakeholder concerns, and it is appropriate that this amending act be entered into to enable harmonisation and codification of both of those pieces of legislation.

The bill will make equivalent amendments to Australian acts to ensure the effectiveness of the regime. It will also address certain internal inconsistencies that may have been found in the Australian acts, and it will make the provisions clearer and easier to understand. Stakeholders in Australia have certainly been closely consulted during the project, and we know that they support the legislation.

In addition to those measures which are contemplated by the bill, there are certain family law fee measures. The bill contains technical measures to retrospectively validate fees charged for de facto financial matters in the Family Court and relevant state and territory courts for the period from March 2009 to November 2010. Without adding significantly to the last speaker's factual outline of the bill, I am very pleased to lend my support to it and will be happy to see it passed.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I thank members for their contribution to the debate and their very supportive statements. The Trans-Tasman Proceedings Amendment and Other Measures Bill 2011 does make only minor amendments, it must be said, to the Trans-Tasman Proceedings Act 2010 and the Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010, but the combination of the operations of those acts is significant. The minor amendments that we are discussing today will harmonise the language and structure of these acts with the New Zealand Trans-Tasman Proceedings Act 2010. That harmonisation is essential. It will ensure the clear, consistent and effective operation of the cooperative Trans-Tasman Proceedings Scheme, which is based on the 2008 Agreement Between the Government of Australia and the Government of New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement. This cooperative scheme will streamline and simplify the process for resolving trans-Tasman civil court proceedings and assists in creating optimal conditions for trade and commerce across the Tasman. By removing some of the barriers to simple and effective trans-Tasman civil dispute resolution for both individuals and businesses, the scheme forms an important part of the government's microeconomic reform and access to justice agendas across both countries.

The bill also contains technical measures to retrospectively validate fees charged for de facto financial proceedings in the Family Court of Australia and certain state and territory courts between 1 March 2009 and 25 November 2010. It has always been the government's intention to have court fees apply consistently to de facto and matrimonial disputes. The measures in schedule 3 of this bill would ensure that the fees applying to de facto financial proceedings were the same as those applying to matrimonial financial proceedings and parenting matters in the relevant period.

In conclusion, this bill provides the necessary amendments to ensure that Australia's harmonised application of the Agreement Between the Government of Australia and the Government of New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement is consistent with New Zealand. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.