Setting aside registration
72 Setting aside registration
An Australian court in which an NZ judgment is registered must, on application by a liable person under subsection (2), set aside the registration of the judgment if:
the court is satisfied that enforcement of the judgment would be contrary to public policy in Australia; or
the judgment was registered in contravention of this Act; or
both of the following subparagraphs apply:
the judgment was given in a proceeding the subject matter of which was immovable property, or was given in a proceeding in rem the subject matter of which was movable property;
that property was, at the time of the proceeding in the original court or tribunal, not situated in New Zealand.
The liable person’s application must be made within:
30 working days of the Australian court after the day the liable person was given notice of registration under section 73; or
if, before or after that period, the liable person applies to the Australian court for a longer period—any longer period the Australian court considers appropriate.
The Australian court must not set aside the registration otherwise than in accordance with this section.
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