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COMMONWEALTHAct
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s 11

Judgments to which Part 2 does not apply

In force
Part 3Miscellaneous

11 Judgments to which Part 2 does not apply

For the purposes of proceedings brought in Australia for the recovery of an amount payable under a judgment given in an action in personam by a court of a country, not being a judgment to which Part 2 applies, the court is not taken to have had jurisdiction to give the judgment merely because the judgment debtor:

(a)

entered an appearance in proceedings in the court; or

(b)

participated in proceedings in the court only to such extent as was necessary;

for the purpose only of one or more of the following:

(c)

protecting, or obtaining the release of:

(i)

property seized or threatened with seizure, in the proceedings; or

(ii)

property subject to an order restraining its disposition or disposal;

(d)

contesting the jurisdiction of the court;

(e)

inviting the court in its discretion not to exercise its jurisdiction in the proceedings.

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