Protection from enforcement of judgements and orders
10 Protection from enforcement of judgements and orders
An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:
is a judgement or order in personam against a protected person for the object; or
is a judgement or order in rem relating to the object.
Exception for some foreign judgements and awards
Subsection (1) does not prevent an act from being done:
under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:
a superior court of a country in relation to which that Part extends; or
an inferior court to which that Part extends; or
under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or
under Part II of the International Arbitration Act 1974.
Exception for judgements and orders favouring protected persons
Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:
that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and
the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.
Exception for certain other judgements and orders
Subsection (1) does not apply to:
an order made under the Proceeds of Crime Act 2002; or
a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.
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