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s 41.66

Application to set aside registration of judgment or stay enforcement of judgment

In force
Chapter 5Judgments, costs and other general provisions
Part 41Enforcement
Division 41.6Reciprocal enforcement of judgments under Foreign Judgments Act 1991

41.66 Application to set aside registration of judgment or stay enforcement of judgment

(1)

A respondent may apply for an order:

(a)

setting aside the registration of the judgment; or

(b)

staying enforcement of the judgment.

(2)

An application under subrule (1) must be made within 14 days after the date the respondent was served with a copy of the order for registration of the judgment.

(3)

The application must:

(a)

be made by interlocutory application in the proceeding in which the judgment was registered; and

(b)

be accompanied by an affidavit stating:

(i)

the grounds on which the registration of the judgment should be set aside or stayed; and

(ii)

the material facts relied on in support of the application.

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