Service and Execution of Process Act 1992

Upon lodgment of a sealed copy of a judgment, or a fax of such a sealed copy, the prothonotary, registrar or other proper officer of the appropriate court in a State other than the place of rendition must register the judgment in the court.

Subject to subsection (4), a registered judgment:

has the same force and effect; and

subject to sections 106 and 108, may give rise to the same proceedings by way of enforcement;

If the copy lodged is a fax, a sealed copy of the judgment is to be lodged with the prothonotary, registrar or other proper officer of the court within 7 days (not including any day that is a Saturday, a Sunday or a public holiday or bank holiday in the place at which the fax was lodged) after the fax was lodged.

If the sealed copy of the judgment is not so lodged within the 7 day period, until the sealed copy is lodged with the prothonotary, registrar or other proper officer of the court, a proceeding to enforce the judgment is not to be commenced or continued without the leave of the court.

A judgment is capable of being enforced in or by a court of a State in which it is registered only if, and to the extent that, at the time when the proceeding for enforcement is or is to be taken, the judgment is capable of being enforced in or by:

the court of rendition; or

a court in the place of rendition.

In this section:

if the court of rendition is the Supreme Court of the place of rendition—the Supreme Court of the first‑mentioned State; or

in any other case:

the court of the first‑mentioned State (including, if applicable, the Supreme Court of that State) in or by which relief as given by the judgment could have been given; or

if there is more than one such court—the court of more limited jurisdiction; or

if there is no such court—the Supreme Court of the first‑mentioned State.