Foreign Judgments Act 1971

An application for registration of a judgment may be made by or on behalf of the judgment creditor at any time within six years after the date of the judgment or, where there have been proceedings by way of appeal, within six years of the final determination of the appeal.

An application may, subject to this section, be made in respect of a judgment given before or after the commencement of this Act.

An application for registration of a judgment must be accompanied by an affidavit or affidavits—

stating whether a right of appeal exists, or an appeal has been instituted, against the judgment and whether the judgment is subject to a stay of execution in the original court; and

setting forth all other proceedings that have been taken for the execution or enforcement of the judgment and the extent to which the judgment has been satisfied; and

containing evidence of such other matters as may be required under the rules of the Supreme Court.

Where the Court is satisfied that the judgment is registrable under this Act and that any other matters of which proof is required under the rules of the Court have been proved, the Court shall register the judgment.

Where a judgment is not in all respects a judgment registrable under this Act but portion of the judgment would, if it alone constituted the judgment of the original court, be so registrable, the Court may, if it is in the opinion of the Court, just and equitable to do so, register that portion of the judgment.

An application for registration of a judgment may be made without notice to any person but notice of the registration of the judgment must be served upon the judgment debtor in conformity with rules of the Supreme Court.

Subject to this Act, a registered judgment shall, for the purposes of execution, be of the same force and effect as a judgment of the Supreme Court recorded at the date of the registered judgment, its execution shall be subject to the control of the Court, and proceedings may be taken thereupon as if it were such a judgment.

Subject to this Act, where a judgment for the payment of any monetary sum is registered, the following amounts may be recovered upon the registered judgment—

the amount payable under the judgment (including interest) at the date of registration; and

interest from the date of registration on the original judgment debt (excluding interest) or so much thereof as remains unsatisfied at the date of registration calculated at the rate applicable to a judgment of the Supreme Court; and

any costs awarded by the Supreme Court pursuant to this section.

Where an amount payable under a judgment is not expressed in the currency of the Commonwealth, that amount shall be converted on the basis of the rate of exchange prevailing at the date of the judgment into the currency of the Commonwealth.

Where the judgment of the original court is satisfied wholly or partly otherwise than by execution levied upon the registered judgment, the registered judgment shall be deemed to be wholly or proportionately satisfied, as the case may require, but this subsection does not affect the recovery of costs awarded in respect of registration.

Where a judgment for the payment of a monetary sum is satisfied in part by payment in a currency other than the currency of the Commonwealth, the extent to which the registered judgment has been satisfied shall, for the purposes of subsection (10) of this section, be calculated on the basis of the rate of exchange prevailing at the date of the judgment of the original court.

Unless the Court by order otherwise directs, execution upon a registered judgment shall, by virtue of this subsection, be stayed—

until the expiration of fourteen days from the day on which the judgment debtor is served with notice of registration of the judgment, or, if an application that the registration of the judgment be set aside is made, until the application is finally determined; or

while any order staying execution of the judgment is in force in the original court.

A judgment may be registered under this Act notwithstanding that a right of appeal exists, or an appeal has been instituted, against the judgment.

The Court may grant registration of a judgment upon such conditions as the Court thinks necessary or desirable to protect the interests of the judgment debtor in the event of a successful appeal against the judgment, or for any other purpose.