Civil Trials Bench Book
Home
Table of contents
Recent updates
Book index
Search for:
Particular proceedings
Appeals except to the Court of Appeal, reviews and mandatory orders
[5-0200]
Appeal from an associate judge of the Supreme Court to a judge of that court
[5-0210]
Sample orders
[5-0220]
Appeals to the Supreme Court and to the District Court
[5-0230]
Sample orders
[5-0240]
Appeals from the Local Court
[5-0250]
Sample orders
[5-0255]
Applications and appeals to the District Court and Local Court in federal proceedings
[5-0260]
Review of directions etc of registrars
[5-0270]
Sample orders
[5-0280]
Mandatory order to a registrar or other officer
[5-0290]
Sample orders
Removal and reference
[5-0400]
Removal and reference of proceedings: terminology
[5-0410]
Removal of proceedings into the Court of Appeal by a judge of the Supreme Court
[5-0420]
Sample orders
[5-0430]
Reference of proceedings within the Supreme Court, District Court and Local Court
[5-0440]
Sample orders
[5-0450]
Removal of proceedings within the Supreme Court, District Court and Local Court
[5-0460]
Sample orders
[5-0470]
Disposition of proceedings referred or removed within the Supreme Court, District Court and Local Court
[5-0480]
Sample orders
Costs assessment appeals
[5-0500]
Introduction
[5-0510]
Scope
[5-0520]
Summary of the appeal provisions
[5-0530]
Which legislation applies?
[5-0540]
Appeal as of right on a matter of law
[5-0550]
Appeal by leave, de novo
[5-0560]
Appeal as of right on a matter of law
[5-0570]
Appeal by leave, by way of rehearing
[5-0580]
Appeal by way of rehearing
[5-0590]
Leave to appeal
[5-0600]
Removal and remitter
[5-0610]
Institution of appeals
[5-0620]
Time for appeal
[5-0630]
Stays pending appeal
[5-0640]
Costs of the appeal
[5-0650]
Inadequate reasons
[5-0660]
Procedural fairness
Mining List
[5-0800]
The compensation jurisdiction of the District Court
[5-0810]
The Mining List
[5-0820]
Commencement of proceedings
[5-0830]
Conciliation procedures
[5-0840]
The substantive law
[5-0850]
Who is entitled to make a claim
[5-0860]
Entitling event
[5-0870]
Injuries and disease
[5-0880]
Total incapacity
[5-0890]
Partial incapacity
[5-0900]
Deemed total incapacity
[5-0910]
Cessation of payments at age 67+ pursuant to s 52(4) of the Workers Compensation Act 1987
[5-0920]
Hospital, medical and similar expenses
[5-0930]
Lump sum compensation
[5-0940]
Redemptions
[5-0950]
Costs of redemption applications
[5-0960]
Costs
Special Statutory Compensation List
[5-1000]
Special Statutory Compensation List
[5-1010]
Powers when exercising compensation jurisdiction
[5-1020]
Costs
[5-1030]
Police Regulation (Superannuation) Act 1906
[5-1040]
Police Act 1990
[5-1050]
Sporting Injuries Insurance Act 1978
[5-1060]
Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
[5-1070]
Workers’ Compensation (Dust Diseases) Act 1942
Monetary jurisdiction District Court
[5-2000]
Jurisdiction according to the nature of proceedings
[5-2005]
Jurisdiction in “commercial matters”
[5-2010]
Consent to court having unlimited jurisdiction
[5-2020]
Extension of jurisdiction
[5-2030]
Practical considerations
Equitable jurisdiction of the District Court
[5-3000]
Sources of jurisdiction
[5-3010]
Specific grants of equitable jurisdiction
[5-3020]
Specific equitable jurisdiction under s 134 of the Act
[5-3030]
Defences
Trans-Tasman proceedings
[5-3500]
Introduction
[5-3510]
Service in New Zealand of initiating documents issued by Australian courts and tribunals
[5-3520]
Australian courts declining jurisdiction on the grounds that a New Zealand court is a more appropriate forum
[5-3530]
Restraint of proceedings
[5-3540]
Suspension of limitation periods
[5-3550]
Australian courts granting interim relief in support of civil proceedings in New Zealand courts
[5-3560]
Subpoenas
[5-3570]
Remote appearances
[5-3580]
Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
[5-3590]
Meaning of registrable New Zealand judgment
[5-3600]
Application to register New Zealand judgments
[5-3610]
Registration of New Zealand judgments
[5-3620]
Setting aside registration
[5-3630]
Notice of registration
[5-3640]
Effect of registration and notice of registration
[5-3650]
Restrictions on enforcing registered New Zealand judgments
[5-3660]
Other matters
[5-3670]
Private international law does not affect enforcement of registered New Zealand judgments
[5-3680]
UCPR Part 32
Defamation
[5-4000]
Introduction
[5-4005]
The legislative framework
[5-4006]
Defamation Amendment Act 2020
[5-4007]
Publications made on the internet
[5-4010]
The pleadings
[5-4020]
Applications to amend or to strike out pleadings and other pre-trial issues
[5-4030]
Applications to amend or to strike out imputations
[5-4040]
Other interlocutory applications
[5-4050]
Limitation issues
[5-4060]
Conduct of the trial (judge sitting alone)
[5-4070]
Additional matters for conduct of the trial before a jury
[5-4080]
Common evidence problems
[5-4090]
Damages
[5-4095]
Aggravated compensatory damages
[5-4096]
Special damages and injury to health
[5-4097]
Derisory damages and mitigation of damages
[5-4098]
Evidence of bad — and good — reputation
[5-4099]
Range of damages in defamation actions under the uniform legislation
[5-4100]
Costs
[5-4110]
Current trends
Appendix 1.
[5-4200]
Appendix 1 —
Defamation Amendment Act
2020
Appendix 2.
[5-4210]
Appendix 2 — List of links to the amending legislation in each of the States and Territories
[5-4220]
Further references
Possession List
[5-5000]
Introduction
[5-5010]
Commencement of proceedings
[5-5020]
Defended proceedings
[5-5030]
Writs of execution
[5-5035]
Writs of restitution
[5-5040]
Stay applications
[5-5050]
Assistance for debtors
Concurrent evidence
[5-6000]
General
[5-6010]
Advantages
[5-6020]
General guidance
[5-6030]
Supreme Court procedure
Intentional torts
[5-7000]
Trespass to the person — the intentional torts
[5-7010]
Assault
[5-7020]
Conduct constituting a threat
[5-7030]
Reasonable apprehension
[5-7040]
Battery
[5-7050]
Contact with the person of the plaintiff
[5-7060]
Defences
[5-7070]
Consent
[5-7080]
Medical cases
[5-7100]
False imprisonment
[5-7110]
What is imprisonment?
[5-7115]
Justification
[5-7118]
Judicial immunity
[5-7120]
Malicious prosecution
[5-7130]
Proceedings initiated by the defendant
[5-7140]
Absence of reasonable and probable cause
[5-7150]
Some examples
[5-7160]
Malice
[5-7180]
Intimidation
[5-7185]
Collateral abuse of process
[5-7188]
Misfeasance in public office
[5-7190]
Damages including legal costs
Child care appeals
[5-8000]
The nature of care appeals
[5-8010]
The Care Act
[5-8020]
The conduct of care appeals
[5-8030]
The guiding principles
[5-8040]
The need for care and protection
[5-8050]
Parental responsibility
[5-8053]
Parent responsibility contracts
[5-8056]
Parent capacity orders
[5-8060]
Permanency planning
[5-8070]
Final orders
[5-8080]
Contact
[5-8090]
Variation of final orders
[5-8091]
Variation of interim care orders
[5-8093]
Guardianship orders
[5-8096]
Changes to supervision and prohibition orders
[5-8100]
Costs orders
[5-8110]
The Children’s Court clinic
[5-8120]
Alternative dispute resolution in care matters
Applications for judicial review of administrative decisions
[5-8500]
Introduction
[5-8505]
Jurisdiction
[5-8510]
Practical aspects of commencing and conducting proceedings for judicial review