Member of chambers, Lady Deborah Chambers QC, recently successfully argued the first case before the New Zealand High Court in regard to the operation of the Trans-Tasmin Proceedings Act 2010 in relationship property proceedings. The Act will apply frequently in relationship property proceedings as more and more New Zealanders own property on both sides of the Tasman.
In K v B ( NZHC 82) the husband, represented by Lady Deborah Chambers QC, successfully appealed a Family Court decision ordering him to provide extensive discovery before a hearing on jurisdiction under the Trans-Tasman Proceedings Act 2010 (TTPA). Mander J held that strictly speaking the Family Court had no jurisdiction to make discovery orders without convening a judicial conference. More importantly the Judge held that the extensive discovery orders would defeat the TTPA objective in providing an expeditious and efficient means to determine jurisdiction with a trans-Tasman element.
The decision discusses the general philosophy of the TTPA and how it should apply.