Recognition, Effect and Enforcement of Foreign Judgments
Under
Quick Take
1Under s 7(2)(a)(ii) of the Foreign Judgments Act 1991 (Cth), 'amount payable' encompasses the total amount for which a judgment creates liability, whether immediately due or payable by future instalments; it does not mean 'immediately payable' — the provision addresses overstatement of the judgment sum, not timing of enforcement.
2Registration of a foreign judgment under Part 2 of the Foreign Judgments Act does not create a new Australian judgment; rather, the foreign judgment itself is the continuing source of obligations in the registering jurisdiction, and enforcement is controlled by the terms of the registered judgment as if originally given by the registering court (s 6(7)).
3Where a registration order contains an obvious clerical error that is contradicted by the operative order within the same set of orders, the error may be corrected as a matter of construction without resort to the slip rule or the setting-aside mechanism in s 7(2)(a)(ii) and s 9.
