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COMMONWEALTHAct
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s 67

Application to register NZ judgments

In force
Part 7Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
Division 2Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals

67 Application to register NZ judgments

Judgments (other than civil pecuniary penalties, criminal fines or NZ market proceeding judgments)

(1)

An entitled person may apply to register an NZ judgment (other than one that imposes a civil pecuniary penalty or a regulatory regime criminal fine, or is an NZ market proceeding judgment) in any of the following courts:

(a)

a superior Australian court;

(b)

an inferior Australian court that has power to give the relief that is in the judgment.

Civil pecuniary penalties

(2)

An entitled person may apply to register an NZ judgment that imposes a civil pecuniary penalty (other than an NZ market proceeding judgment) in:

(a)

a superior Australian court; or

(b)

an inferior Australian court that has power to impose a civil pecuniary penalty of the same value as the penalty imposed by the judgment.

Criminal fines

(3)

An entitled person may apply to register an NZ judgment (other than an NZ market proceeding judgment) in a superior Australian court if the judgment imposes a regulatory regime criminal fine.

NZ market proceeding judgments

(4)

An entitled person may apply to register an NZ market proceeding judgment in the Federal Court.

Application requirements

(5)

An application under this section must be made:

(a)

in the form (if any) prescribed by the regulations; and

(b)

in accordance with the requirements (if any) prescribed by the regulations; and

(c)

within:

(i)

6 years after the day on which the judgment is given; or

(ii)

if there have been proceedings by way of appeal against the judgment—6 years after the day of the last judgment in those proceedings; or

(iii)

if, before or after the period referred to in subparagraph (i) or (ii), the entitled person applies to the Australian court for a longer period—any longer period the Australian court considers appropriate.

(6)

Without limiting paragraph (5)(b), regulations made for the purposes of that paragraph may prescribe that specified documents be filed:

(a)

in a specified way; and

(b)

with, or within a specified time after the filing of, the application.

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Section 67 — Application to register NZ judgments — Trans-Tasman Proceedings Act 2010 (Commonwealth) — Barrister AI