{"id":"C2004A04187","name":"Foreign Judgments Act 1991","slug":"foreign-judgments-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"112 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51377,"registerId":"commonwealth-C2004A04187-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Foreign Judgments Act 1991.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.\n  (2) Section 21 commences at the end of 4 months after the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> action in personam does not include a matrimonial cause or proceedings in connection with:\n\n    (a) matrimonial matters; or\n    (b) the administration of the estates of deceased persons; or\n    (c) bankruptcy or insolvency; or\n    (d) the winding up of companies; or\n    (e) mental health; or\n    (f) the guardianship of infants.\n\n> appeal includes a proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution.\n\n> country means a foreign country, and includes any region:\n\n    (a) which is part of a foreign country; or\n    (b) which is under the protection of a foreign country; or\n    (c) for whose international relations a foreign country is responsible.\n\n> country of the original court means the country in which the original court is situated.\n\n> enforceable money judgment means a money judgment under which is payable:\n\n    (a) an amount of money, other than (except as mentioned in paragraphs (b) and (c)) an amount payable in respect of:\n    (i) taxes or other charges of a similar nature; or\n    (ii) a fine or other penalty; or\n    (b) an amount of money payable in respect of New Zealand tax; or\n    (c) an amount of money payable in respect of recoverable Papua New Guinea income tax.\n\n> enforcement means:\n\n    (a) where there is not an amount of money payable under the judgment, enforcement by:\n    (i) attachment; or\n    (ii) committal; or\n    (iii) fine; or\n    (iv) sequestration; or\n    (b) where there is an amount of money payable under the judgment, enforcement by execution.\n\n> judgment means:\n\n    (a) a final or interlocutory judgment or order given or made by a court in civil proceedings; or\n    (b) a judgment or order given or made by a court in criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party; or\n    (c) an award (other than an award given in a dispute of a kind referred to in paragraph 34(a) of the International Arbitration Act 1974 or an award that may be enforced under subsection 35(2) of that Act) in proceedings on an arbitration conducted in, and under the law applying in, a country, being an award that has become enforceable in a court of that country in the same manner as a judgment or order given by that court.\n\n> judgment creditor, in relation to a judgment, means the person in whose favour the judgment was given, (whether or not a sum of money is payable under the judgment) and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise.\n\n> judgment debtor, in relation to a judgment, means the person against whom the judgment was given, (whether or not a sum of money is payable under the judgment) and includes a person against whom the judgment is enforceable under the law of the original court.\n\n> money judgment means a judgment under which money is payable.\n\n> New Zealand tax means tax or other charge of a similar nature payable under the laws of New Zealand, and includes additional or other tax payable, by way of penalty, interest or otherwise, because of a contravention of any of those laws or of a requirement made under any of those laws.\n\n> non‑money judgment means a judgment that is not a money judgment.\n\n> non‑recoverable tax means tax that is not New Zealand tax or recoverable Papua New Guinea income tax.\n\n> original court, in relation to a judgment, means the court by which the judgment was given.\n\n> recoverable Papua New Guinea income tax means tax payable under the laws of Papua New Guinea relating to taxes on income, but does not include:\n\n    (a) additional or other tax payable, by way of penalty, interest or otherwise, because of a contravention of any of those laws or of a requirement made under any of those laws; or\n    (b) tax of a class or description prescribed for the purposes of subsection (2).\n\n> registered judgment means a judgment registered under section 6.\n\n> Registrar, in relation to a court, means the person who holds, in relation to that court, the office of, or the office equivalent to the office of, Registrar or Clerk.\n\n> registration means registration under Part 2.\n\n> Rules of Court means rules duly made by the Supreme Court of a State or Territory or the Federal Court of Australia.\n\n  (2) The regulations may provide that a specified tax, or a tax included in a specified class of taxes, payable under the laws of Papua New Guinea is not a recoverable Papua New Guinea income tax.\n  (3) Regulations are not to be made in relation to a tax or class of taxes unless the Governor‑General is satisfied that the tax, or each tax included in the class, is not properly a tax on income.\n  (4) For the purposes of this Act, an award of a kind to which paragraph (c) of the definition of judgment in subsection (1) applies is taken to be a judgment of the court, referred to in that paragraph, in which the award has become enforceable.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"External Territories","content":"#### 4 External Territories\n\n  This Act extends to each external Territory.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Reciprocal enforcement of judgments","content":"## Part 2—Reciprocal enforcement of judgments","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of this Part on the basis of reciprocity of treatment","content":"#### 5 Application of this Part on the basis of reciprocity of treatment\n\n  (1) If the Governor‑General is satisfied that, in the event of the benefits conferred by this Part being applied to money judgments given in the superior courts of a country, substantial reciprocity of treatment will be assured in relation to the enforcement in that country of money judgments given in all Australian superior courts, the regulations may provide that this Part extends in relation to that country.\n  (2) A specified court of such a country is taken to be a superior court for the purposes of this Act if the regulations so provide, but a failure so to provide in relation to a particular court is not taken to imply that the court is not a superior court for the purposes of this Act.\n  (3) If the Governor‑General is satisfied that, in the event of the benefits conferred by this Part being applied to money judgments given in all or some inferior courts of such a country, substantial reciprocity of treatment will be assured in relation to the enforcement in that country of money judgments given in all or some Australian inferior courts, the regulations may provide that this Part extends in relation to specified inferior courts of that country.\n  (4) This Part applies to an enforceable money judgment that:\n    (a) is final and conclusive; and\n    (b) was given in:\n    (i) a superior court of a country in relation to which this Part extends; or\n    (ii) an inferior court of such a country, being an inferior court in relation to which this Part extends.\n  (5) For the purposes of paragraph (4)(a), a judgment is taken to be final and conclusive even though:\n    (a) an appeal may be pending against it; or\n    (b) it may still be subject to appeal;\n  in the courts of the country of the original court.\n  (6) If the Governor‑General is satisfied that, in the event of the benefits conferred by this Part being applied to all or some non‑money judgments given in courts of a country in relation to which this Part extends, substantial reciprocity of treatment will be assured in relation to the enforcement in that country of all or some non‑money judgments given in Australian courts, the regulations may provide that this Part applies to such non‑money judgments, given in the courts of that country, as are prescribed.\n  (7) Regulations made for the purposes of subsection (6) must provide for the kinds of non‑money judgments, given in the courts of a country, to which this Part applies by specifying or describing:\n    (a) the courts in which such non‑money judgments are given; and\n    (b) the kinds of proceedings in which such non‑money judgments are given; and\n    (c) the kinds of non‑money judgments.\n  (8) This Part does not apply to:\n    (a) a money judgment given by a superior court of a country before the day on which the regulations extend this Part in relation to that country; or\n    (b) a money judgment given by an inferior court before the day on which the regulations extend this Part in relation to that court; or\n    (c) a non‑money judgment of a particular kind given in a court in proceedings of a particular kind before the day on which the regulations apply this Part to non‑money judgments of that kind given in that court in proceedings of that kind;\n  unless:\n    (d) the judgment was given by a court of the United Kingdom; or\n    (e) the judgment was, immediately before that day, registrable in the Supreme Court of a State or Territory under a law of that State or Territory.\n  (9) This Part does not apply to a judgment given by a superior court on appeal from a judgment given by an inferior court, unless the judgment of the inferior court is a judgment to which this Part applies.\n  (10) This Part does not apply to a judgment given by a court of New Zealand.\n\n> Note: For the enforcement in Australia of judgments given by courts of New Zealand, see Part 7 of the Trans‑Tasman Proceedings Act 2010.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application for, and effect of, registration of foreign judgments","content":"#### 6 Application for, and effect of, registration of foreign judgments\n\n  (1) A judgment creditor under a judgment to which this Part applies may apply to the appropriate court at any time within 6 years after:\n    (a) the date of the judgment; or\n    (b) where there have been proceedings by way of appeal against the judgment, the date of the last judgment in those proceedings;\n  to have the judgment registered in the court.\n\n> Note: For the registration of a foreign judgment against a foreign State, or a separate entity of a foreign State, see the Foreign States Immunities Act 1985.\n\n  (2) For the purposes of subsection (1), the appropriate court is:\n    (a) if the judgment is a money judgment and was given in proceedings in which a matter for determination arises under the Commerce Act 1986 of New Zealand (other than proceedings in which a matter for determination arises under section 36A, 98H or 99A of that Act)—the Federal Court of Australia or the Supreme Court of a State or Territory; or\n    (b) if the judgment is not a money judgment and was given in such proceedings—the Federal Court of Australia; or\n    (c) in any other case—the Supreme Court of a State or Territory.\n  (3) Subject to this Act and to proof of the matters prescribed by the applicable Rules of Court, if an application is made under this section, the Supreme Court of a State or Territory or the Federal Court of Australia is to order the judgment to be registered.\n  (4) The court’s order must state the period within which an application may be made under section 7 to have the registration of the judgment set aside.\n  (5) The court may, by order, extend the period within which such an application may be made.\n  (6) A judgment is not to be registered if at the date of the application:\n    (a) it has been wholly satisfied; or\n    (b) it could not be enforced in the country of the original court.\n  (7) Subject to sections 7 and 14:\n    (a) a registered judgment has, for the purposes of enforcement, the same force and effect; and\n    (b) proceedings may be taken on a registered judgment; and\n    (c) the amount for which a judgment is registered carries interest; and\n    (d) the registering court has the same control over the enforcement of a registered judgment;\n  as if the judgment had been originally given in the court in which it is registered and entered on the date of registration.\n  (8) A judgment registered under this section in the Supreme Court of a State or Territory is registrable in the Supreme Court of any other State or Territory under Part 6 of the Service and Execution of Process Act 1992 as if the judgment had been originally given in the first‑mentioned Supreme Court and entered on the day of registration.\n  (9) Subsection (8) does not apply if an order has been made under section 8 that enforcement of the judgment be stayed.\n  (10) Action is not to be taken to enforce a registered judgment:\n    (a) during the period fixed under subsection (4) (including any extensions of that period under subsection (5)) as the period during which a party may apply to have the registration of the judgment set aside; or\n    (b) where such an application has been made, until after the application has been finally determined.\n  (11) Subject to subsection (12), if the amount payable under a judgment that is to be registered is expressed in a currency other than Australian currency, the judgment is to be registered:\n    (a) if the judgment creditor has stated in the application that the judgment creditor wishes the judgment to be registered in the currency in which it is expressed—in that currency; or\n    (b) in any other case—as if it were for an equivalent amount in Australian currency, based on the rate of exchange prevailing on the second business day (the conversion day) before the day on which the application for registration is made.\n  (11A) For the purposes of paragraph (11)(b), the rate of exchange prevailing on the conversion day referred to in that paragraph is the average of the rates at which Australian dollars may be bought in the currency in which the judgment is expressed at:\n    (a) 11 am; or\n    (b) if another time is prescribed for the purposes of this subsection—that other time;\n  on that day from 3 authorised foreign exchange dealers selected by the judgment creditor.\n  (11B) The reference in paragraph (11)(b) to a business day is a reference to a day on which the authorised foreign exchange dealers selected by the judgment creditor as mentioned in subsection (11A) publish rates at which Australian dollars may be bought in the currency in which the judgment is expressed.\n  (12) If, on the day of the application for registration of a judgment, the judgment of the original court has been partly satisfied, the judgment is not to be registered in respect of the whole amount payable under the judgment of the original court, but only in respect of the balance remaining payable on that day.\n  (13) If, on an application to a court for the registration of a judgment, it appears to the court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that, if those provisions had been contained in separate judgments, those judgments could properly have been registered, the judgment may be registered in respect of those provisions, but not in respect of any other provisions contained in it.\n  (14) Without affecting the operation of subsection (13), where, on an application to a court for the registration of a judgment, it appears to the court that:\n    (a) the judgment is in respect of an amount of money payable in respect of both recoverable Papua New Guinea income tax and non‑recoverable tax; and\n    (b) the judgment could have been registered if it had been in respect of recoverable Papua New Guinea income tax only;\n  the judgment may be registered in respect of the amount less so much as relates to non‑recoverable tax.\n  (15) A judgment registered under this section is to be registered for:\n    (a) the reasonable costs of and incidental to registration, including the cost of obtaining a certified copy of the judgment from the original court and the costs of obtaining from foreign exchange dealers evidence of the rates at which Australian dollars may be bought in the currency in which the judgment is expressed; and\n    (b) where an amount of money is payable under the judgment—any interest which, by the law of the country of the original court, becomes due under the judgment up to the time of registration.\n  (16) In this section:\n\n> authorised foreign exchange dealer means a person authorised by a general authority issued by the Reserve Bank of Australia under regulation 38A of the Banking (Foreign Exchange) Regulations to buy and sell foreign currency.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Setting aside a registered judgment","content":"#### 7 Setting aside a registered judgment\n\n  (1) A party against whom a registered judgment is enforceable, or would be enforceable but for an order under section 8, may seek to have the registration of the judgment set aside by duly applying to the court in which the judgment was registered, or (where applicable) a court in which the judgment was registered under Part 6 of the Service and Execution of Process Act 1992, to have the registration of the judgment set aside.\n  (2) Where a judgment debtor duly applies to have the registration of the judgment set aside, the court:\n    (a) must set the registration of that judgment aside if it is satisfied:\n    (i) that the judgment is not, or has ceased to be, a judgment to which this Part applies; or\n    (ii) that the judgment was registered for an amount greater than the amount payable under it at the date of registration; or\n    (iii) that the judgment was registered in contravention of this Act; or\n    (iv) that the courts of the country of the original court had no jurisdiction in the circumstances of the case; or\n    (v) that the judgment debtor, being the defendant in the proceedings in the original court, did not (whether or not process had been duly served on the judgment debtor in accordance with the law of the country of the original court) receive notice of those proceedings in sufficient time to enable the judgment debtor to defend the proceedings and did not appear; or\n    (vi) that the judgment was obtained by fraud; or\n    (vii) that the judgment has been reversed on appeal or otherwise set aside in the courts of the country of the original court; or\n    (viii) that the rights under the judgment are not vested in the person by whom the application for registration was made; or\n    (ix) that the judgment has been discharged; or\n    (x) that the judgment has been wholly satisfied; or\n    (xi) that the enforcement of the judgment, not being a judgment under which an amount of money is payable in respect of New Zealand tax, would be contrary to public policy; or\n    (b) may set the registration of the judgment aside if it is satisfied that the matter in dispute in the proceedings in the original court had before the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.\n  (3) For the purposes of subparagraph (2)(a)(iv) and subject to subsection (4), the courts of the country of the original court are taken to have had jurisdiction:\n    (a) in the case of a judgment given in an action in personam:\n    (i) if the judgment debtor voluntarily submitted to the jurisdiction of the original court; or\n    (ii) if the judgment debtor was plaintiff in, or counter‑claimed in, the proceedings in the original court; or\n    (iii) if the judgment debtor was a defendant in the original court and had agreed, in respect of the subject matter of the proceedings, before the proceedings commenced, to submit to the jurisdiction of that court or of the courts of the country of that court; or\n    (iv) if the judgment debtor was a defendant in the original court and, at the time when the proceedings were instituted, resided in, or (being a body corporate) had its principal place of business in, the country of that court; or\n    (v) if the judgment debtor was a defendant in the original court and the proceedings in that court were in respect of a transaction effected through or at an office or place of business that the judgment debtor had in the country of that court; or\n    (vi) if there is an amount of money payable in respect of New Zealand tax under the judgment; or\n    (b) in the case of a judgment given in an action of which the subject matter was immovable property or in an action in rem of which the subject matter was movable property—if the property in question was, at the time of the proceedings in the original, court situated in the country of that court; or\n    (c) in the case of a judgment given in an action other than an action of the kind referred to in paragraph (a) or (b)—if the jurisdiction of the original court is recognised by the law in force in the State or Territory in which the judgment is registered.\n  (4) In spite of subsection (3), the courts of the country of the original court are not taken to have had jurisdiction:\n    (a) if the subject matter of the proceedings was immovable property situated outside the country of the original court; or\n    (b) except in the cases referred to in subparagraphs (3)(a)(i), (ii) and (iii) and paragraph (3)(c), if the bringing of the proceedings in the country of the original court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the country of that court; or\n    (c) if the judgment debtor, being a defendant in the original proceedings, was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the courts of the country of the original court and did not submit to the jurisdiction of that court.\n  (5) For the purposes of subparagraph (3)(a)(i), a person does not voluntarily submit to the jurisdiction of a court by:\n    (a) entering an appearance in proceedings in the court; or\n    (b) participating in proceedings in the court only to such extent as is necessary;\n  for the purpose only of one or more of the following:\n    (c) protecting, or obtaining the release of:\n    (i) property seized, or threatened with seizure, in the proceedings; or\n    (ii) property subject to an order restraining its disposition or disposal;\n    (d) contesting the jurisdiction of the court;\n    (e) inviting the court in its discretion not to exercise its jurisdiction in the proceedings.\n  (6) Where the registration of a judgment is set aside on an application to a court in which the judgment was registered under Part IV of the Service and Execution of Process Act 1901, the applicant must:\n    (a) forthwith notify the Registrar of the court in which the judgment was registered under this Act of the order setting the judgment aside; and\n    (b) within 7 days lodge a certified copy of the order in that court.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Stay of enforcement of a registered judgment","content":"#### 8 Stay of enforcement of a registered judgment\n\n  (1) If the court in which a judgment is registered is satisfied that the judgment debtor has appealed, or is entitled and intends to appeal, against the judgment, the court may order that enforcement of the judgment be stayed pending the final determination of the appeal, until a specified day or for a specified period.\n  (2) If the court in which a judgment is registered makes an order on the ground that the person is entitled and intends to appeal against the judgment, the court must require the person, as a condition of the order, to bring the appeal by a specified day or within a specified period.\n  (3) Every order is to be made on the condition that the judgment debtor pursues the appeal in an expeditious manner.\n  (4) An order may be made or such other conditions, including conditions relating to giving security, as the court in which the judgment is registered thinks fit.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Re‑registration of certain registered judgments which have been set aside","content":"#### 9 Re‑registration of certain registered judgments which have been set aside\n\n  (1) If the registration of a judgment is set aside under subparagraph 7(2)(a)(ii), the court in which the judgment was registered must, on the application of the judgment creditor, order that the judgment be registered in respect of the amount payable under the judgment at the date of the application.\n  (2) If the registration of a judgment has been set aside under subparagraph 7(2)(a)(iii) solely because it was not at the date of the application for registration enforceable in the country of the original court, the setting aside of the registration does not prejudice a further application to register the judgment if and when the judgment becomes enforceable in that country.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Registrable judgments not to be otherwise enforceable","content":"#### 10 Registrable judgments not to be otherwise enforceable\n\n  (1) No proceedings for the recovery of an amount payable under a judgment to which this Part applies, other than proceedings by way of registration of the judgment, are to be entertained by a court having jurisdiction in Australia.\n  (2) Nothing in this section affects the enforcement, under the International Arbitration Act 1974, of an award.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Judgments to which Part 2 does not apply","content":"#### 11 Judgments to which Part 2 does not apply\n\n  For the purposes of proceedings brought in Australia for the recovery of an amount payable under a judgment given in an action in personam by a court of a country, not being a judgment to which Part 2 applies, the court is not taken to have had jurisdiction to give the judgment merely because the judgment debtor:\n    (a) entered an appearance in proceedings in the court; or\n    (b) participated in proceedings in the court only to such extent as was necessary;\n  for the purpose only of one or more of the following:\n    (c) protecting, or obtaining the release of:\n    (i) property seized or threatened with seizure, in the proceedings; or\n    (ii) property subject to an order restraining its disposition or disposal;\n    (d) contesting the jurisdiction of the court;\n    (e) inviting the court in its discretion not to exercise its jurisdiction in the proceedings.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"General effect of certain judgments","content":"#### 12 General effect of certain judgments\n\n  (1) Subject to this section, a judgment to which Part 2 applies, or would have applied if it were a money judgment, must, whether or not it is, or can be, registered, be recognised in any Australian court as conclusive between the parties to it in all proceedings founded on the same cause of action and may be relied on by way of defence or counter‑claim in any such proceedings.\n  (2) This section does not apply to:\n    (a) a judgment that has been registered, the registration of which has been set aside under subparagraph 7(2)(a)(iv), (v), (vi), (vii) or (xi); or\n    (b) a judgment (whether registrable or not) that has not been registered, the registration of which would, if it were registered, have been set aside under one or more of those subparagraphs.\n  (3) Nothing in this section prevents any Australian court from recognising a judgment as conclusive of any matter of law or fact decided in the judgment if that judgment would be recognised as conclusive under the common law.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Money judgments unenforceable if no reciprocity","content":"#### 13 Money judgments unenforceable if no reciprocity\n\n  (1) If the Governor‑General is satisfied that the treatment in respect of recognition and enforcement accorded by the courts of a country to money judgments given in Australian superior courts is substantially less favourable than that accorded by Australian superior courts to money judgments of the superior courts of that country, the regulations may provide that this section applies to that country.\n  (2) Except so far as regulations made for the purposes of subsection (1) provide, no proceedings are to be entertained in an Australian court for the recovery of an amount of money alleged to be payable under a judgment given in a country to which this section applies.\n  (3) Nothing in this section affects the enforcement, under the International Arbitration Act 1974, of an award.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Registered judgments cease to be enforceable in certain circumstances","content":"#### 14 Registered judgments cease to be enforceable in certain circumstances\n\n  (1) If, because of regulations made for the purposes of subsection 3(2) or because of the amendment or repeal of regulations made for the purposes of subsection 5(1), (3), (6) or (7), a judgment ceases to be a judgment to which Part 2 applies, the judgment ceases to be enforceable under this Act, whether or not the judgment was registered before the amendment or repeal of the regulations came into force.\n  (2) Subsection (1) does not apply to judgments:\n    (a) that are registered under this Act or in respect of which applications for registration under this Act have been made; and\n    (b) that have ceased to be judgments to which Part 2 applies because of regulations made for the purposes of subsection 3(2); and\n    (c) that are specified, in the regulation effecting the amendment or repeal, not to be judgments to which subsection (1) applies.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Issue of certificates of judgments obtained in Australian courts","content":"#### 15 Issue of certificates of judgments obtained in Australian courts\n\n  (1) Subject to this section, where an application is duly made by a judgment creditor who wishes to enforce in a country a judgment that has been given in an Australian court, the Registrar of the court must issue to the judgment creditor:\n    (a) a certified copy of the judgment; and\n    (b) a certificate with respect to the judgment containing such particulars, including:\n    (i) the causes of action to which the judgment relates; and\n    (ii) the rate of interest (if any) payable on any amount payable under the judgment;\n    as are prescribed by the regulations or by Rules of Court.\n  (2) An application may not be made until the expiration of any stay of enforcement of the judgment in question.\n  (3) Nothing in subsection (1) prevents a fee being imposed in respect of the issue of documents referred to in that subsection.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and, in particular, for and in relation to the practice and procedure of a superior court in proceedings under this Act.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Rules of Court","content":"#### 17 Rules of Court\n\n  (1) The power of an authority to make rules regulating the practice and procedure of a superior court extends to making any rules, not inconsistent with this Act or with any regulations made under this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act, including the following:\n    (a) making provision with respect to the giving of security for costs by a person applying for registration of a judgment;\n    (b) prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;\n    (c) providing for the service on the judgment debtor of notice of the registration of a judgment;\n    (d) making provision with respect to the extension of the period within which an application may be made to have the registration of a judgment set aside;\n    (e) relating to the method of determining a question arising under this Act as to:\n    (i) whether a judgment given in a country in relation to which this Part extends can be enforced in the country of the original court; or\n    (ii) what interest is payable under a judgment under the law of the original court.\n  (2) This section does not affect any power to make rules under any other law.","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional provisions","content":"## Part 4—Transitional provisions","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Registration of judgments recognised under State or Territory law","content":"#### 18 Registration of judgments recognised under State or Territory law\n\n  (1) Subject to this section, a judgment that:\n    (a) is a judgment of a court of a country that is not a country prescribed for the purposes of subsection 5(1); and\n    (b) but for the operation of this Act (other than section 19), would be registrable under the law of a State or Territory;\n  may be registered in the Supreme Court of that State or Territory.\n  (2) This section does not extend to the courts of countries that are prescribed for the purposes of this section.\n  (3) This section ceases to be in force at the end of 2 years, or such lesser period as is prescribed, after the day on which it commences.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Enforcement of judgments registered under State or Territory law after commencement of this Act","content":"#### 19 Enforcement of judgments registered under State or Territory law after commencement of this Act\n\n  A State or Territory law providing for the enforcement of judgments of courts of a country continues to apply, and this Act (other than this subsection) does not apply, after the commencement of this Act to judgments registered:\n    (a) under that law before the commencement of this Act; or\n    (b) under section 18 of this Act.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Rules of Court","content":"#### 20 Rules of Court\n\n  Rules of Court relating to the registration or enforcement, under the laws of a State or Territory, of judgments of the courts of a country apply, so far as they are capable of application and with necessary modifications and adaptations, to proceedings under this Act until:\n    (a) the day on which Rules of Court are made under section 17 of this Act; or\n    (b) the end of one year from the day on which this Act commences;\n  whichever is the earlier.","sortOrder":23}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"s3(1) - definition of 'enforcement'","severity":"medium","reasoning":"A fine imposed as a method of enforcing a non-money civil judgment would be payable to the Crown, not to the judgment creditor. This does not actually 'enforce' the judgment in favour of the creditor and conflates punitive court sanctions with civil enforcement remedies. The remedy does not achieve the purpose it purports to serve.","confidence":0.65,"description":"The definition of 'enforcement' where there is no money payable includes 'fine' as a method of enforcement, yet the definition of 'enforceable money judgment' and the broader Act framework concern civil debt recovery. Using a 'fine' (a criminal/quasi-criminal sanction) as a civil enforcement mechanism creates a category confusion, and a fine paid to the court does not satisfy a judgment creditor's claim."},{"type":"self_contradicting","section":"s5(4)(a) read with s5(5)","severity":"medium","reasoning":"Section 5(5) deems a judgment final and conclusive despite a pending appeal, triggering the right to register under s5(4). However s8 permits a stay pending appeal, and s7(2)(a)(vii) requires the registration to be set aside if the judgment is reversed. The Act forces the court to register a judgment it may immediately have to stay and later set aside, serving no practical purpose and imposing costs on all parties.","confidence":0.75,"description":"A judgment is treated as 'final and conclusive' for the purposes of registration even if an appeal is pending or may still be brought, yet s7(2)(a)(vii) mandates that registration must be set aside if the judgment is subsequently reversed on appeal. The Act therefore compels registration of judgments it simultaneously acknowledges may be nullified, creating a procedurally wasteful loop of mandatory registration followed by mandatory set-aside."},{"type":"impossible_compliance","section":"s6(11A)","severity":"medium","reasoning":"The provision assumes a liquid market with multiple authorised dealers for every foreign currency. For judgments in currencies of smaller economies (e.g., Papua New Guinea Kina, as contemplated elsewhere in the Act), this assumption may be factually false. The creditor-selection mechanism also introduces inherent bias into what is intended to be an objective market rate.","confidence":0.7,"description":"The exchange rate conversion mechanism requires the judgment creditor to personally select 3 authorised foreign exchange dealers and obtain their rates at 11am on a specific historical day (the second business day before application). For exotic or thinly-traded currencies, fewer than 3 authorised dealers may publish rates, making strict compliance impossible. Additionally, the creditor has a financial incentive to select dealers offering rates most favourable to them, undermining the objectivity the provision purports to achieve."},{"type":"circular_definition","section":"s6(11B)","severity":"medium","reasoning":"The definition of 'business day' in s6(11B) is not an objective calendar or banking definition but depends on the publication behaviour of dealers chosen by the applicant. This creates uncertainty about which day is the conversion day until after the private selection is made, and potentially allows manipulation of the conversion day by choosing dealers with particular publication patterns.","confidence":0.72,"description":"Section 11B defines 'business day' circularly by reference to whether the selected authorised foreign exchange dealers publish rates on that day - the very dealers who are selected by the applicant under s11A. The definition of the operative day therefore depends on the conduct of privately selected third parties, meaning the conversion day is undefined until after the creditor selects dealers, and different creditors selecting different dealers could produce different 'conversion days' for the same application."},{"type":"other","section":"s14(1) read with s14(2)","severity":"high","reasoning":"Retrospectively stripping enforceability from already-registered judgments (s14(1)) operates as a form of retroactive impossibility - the creditor has already incurred registration costs and may be mid-enforcement. The savings provision in s14(2) is narrowly confined to the PNG tax context and does not protect the broader class of registered judgment creditors affected by s5 regulatory repeal.","confidence":0.78,"description":"Section 14(1) provides that if a judgment ceases to be one to which Part 2 applies (due to regulatory repeal), it ceases to be enforceable 'whether or not the judgment was registered before the amendment or repeal came into force.' Section 14(2) then carves out certain already-registered judgments from this effect. However the carve-out in s14(2) applies only where the judgment ceases to apply because of regulations under s3(2) (Papua New Guinea tax exclusions), not for the broader case under s5 regulatory repeal. This means a judgment creditor who has already registered and partially enforced a judgment can have that judgment rendered unenforceable mid-enforcement by a change in bilateral treaty arrangements, with no savings provision for completed enforcement steps."},{"type":"other","section":"s18(3)","severity":"low","reasoning":"While not strictly illogical (transitional provisions regularly operate this way), the combination of s18(3) sunset and s19 perpetual preservation creates an asymmetry where the enabling provision disappears but its consequences are permanent. More substantively, the courts must apply State/Territory law under s19 to judgments registered under a Commonwealth provision that no longer exists.","confidence":0.55,"description":"Section 18 creates a transitional registration pathway that ceases to be in force after 2 years (or a lesser prescribed period) from commencement. However s19 provides that judgments registered under s18 continue to be governed by State/Territory law indefinitely. A judgment registered in the last days of the s18 window could therefore be registered under a provision that no longer exists, yet remains permanently enforceable under a separate regime - creating a ghost registration pathway whose jurisdictional basis has expired but whose effects persist indefinitely."},{"type":"self_contradicting","section":"s10(1) read with s12(1)","severity":"medium","reasoning":"If a counter-claim seeks affirmative recovery of the amount under the foreign judgment, s10(1) appears to prohibit the court entertaining it. Yet s12(1) expressly contemplates the judgment being relied upon by way of counter-claim. The provisions pull in opposite directions without a clear resolution mechanism.","confidence":0.68,"description":"Section 10(1) prohibits any proceedings for recovery under a judgment to which Part 2 applies other than by registration. Section 12(1) provides that such a judgment must be recognised as conclusive and 'may be relied on by way of defence or counter-claim in any such proceedings.' A judgment creditor who is sued may rely on the judgment as a defence or counter-claim under s12(1), but s10(1) appears to prohibit any court entertaining proceedings founded on recovery of that amount. The interaction between these provisions is ambiguous as to whether a counter-claim relying on the judgment amount constitutes prohibited 'proceedings for recovery.'"}],"contradictions":[{"severity":"high","section_a":"s5(8) - exclusion of New Zealand judgments","section_b":"s5(1) - reciprocity basis for extending Part 2","confidence":0.82,"description":"Section 5(1) establishes that Part 2 operates on a reciprocity basis for foreign countries generally. Section 5(8) provides exceptions for judgments from the UK and judgments previously registrable under State/Territory law. Section 5(10) then categorically excludes New Zealand courts from Part 2 entirely. However, the definition of 'enforceable money judgment' in s3(1) specifically includes New Zealand tax obligations (para (b)), and s7(2)(a)(xi) specifically carves out New Zealand tax judgments from the public policy defence. These specific New Zealand provisions within Part 2 are rendered meaningless by s5(10)'s blanket exclusion of New Zealand judgments from Part 2's operation."},{"severity":"high","section_a":"s7(3)(a)(vi) - deemed jurisdiction for New Zealand tax","section_b":"s5(10) - Part 2 does not apply to New Zealand judgments","confidence":0.85,"description":"Section 7(3)(a)(vi) deems the courts of the country of the original court to have had jurisdiction 'if there is an amount of money payable in respect of New Zealand tax under the judgment.' This provision only has operative effect within Part 2 set-aside proceedings. However s5(10) excludes all New Zealand court judgments from Part 2. A New Zealand tax judgment from a New Zealand court can therefore never be registered under Part 2, making s7(3)(a)(vi) a dead letter provision insofar as it was intended to facilitate enforcement of New Zealand tax judgments from New Zealand courts."},{"severity":"high","section_a":"s7(2)(a)(xi) - public policy ground for set-aside","section_b":"s7(3)(a)(vi) - deemed jurisdiction for New Zealand tax","confidence":0.8,"description":"Section 7(2)(a)(xi) expressly excludes New Zealand tax judgments from the public policy defence to registration, indicating a legislative intention that such judgments should be enforceable despite public policy concerns. Section 7(3)(a)(vi) separately deems jurisdiction to exist for New Zealand tax judgments. Yet s5(10) excludes New Zealand judgments from Part 2 entirely. The legislature has created a detailed protective framework for New Zealand tax judgments within Part 2 while simultaneously making Part 2 wholly inapplicable to judgments from New Zealand courts."},{"severity":"medium","section_a":"s6(1) - 6 year application window","section_b":"s6(6)(b) - judgment unregistrable if not enforceable in country of origin","confidence":0.73,"description":"Section 6(1) allows a judgment creditor to apply for registration at any time within 6 years of the judgment. Section 6(6)(b) prohibits registration if the judgment 'could not be enforced in the country of the original court' at the date of application. In many jurisdictions, limitation periods for enforcing judgments are shorter than 6 years. A creditor who validly waits within the Australian 6-year window may find the judgment unenforceable in its home jurisdiction due to a shorter local limitation period, rendering the Australian registration right illusory despite its apparent breadth."},{"severity":"medium","section_a":"s9(1) - mandatory re-registration after set-aside for excess amount","section_b":"s6(6) - conditions for registration","confidence":0.7,"description":"Section 9(1) requires the court to order re-registration of a judgment (set aside under s7(2)(a)(ii) for being registered in an excess amount) for the correct amount, on application by the judgment creditor. This mandatory re-registration obligation under s9(1) does not expressly incorporate the s6(6) conditions (that the judgment not be wholly satisfied and still be enforceable in the country of origin). A court could be compelled by s9(1) to re-register a judgment that has in the interim been wholly satisfied or become unenforceable in its home jurisdiction."},{"severity":"medium","section_a":"s12(1) - conclusive recognition of judgments","section_b":"s12(2)(b) - exclusion of unregistered judgments meeting set-aside grounds","confidence":0.75,"description":"Section 12(1) requires recognition as conclusive of judgments to which Part 2 applies 'whether or not it is, or can be, registered.' Section 12(2)(b) then removes this recognition for an unregistered judgment 'the registration of which would, if it were registered, have been set aside' under certain grounds. The determination of whether a hypothetical registration would have been set aside requires a court to conduct a counterfactual inquiry into proceedings that never occurred, based on facts that may never have been litigated. This creates an unworkable procedural burden and uncertainty as to the conclusiveness of any unregistered foreign judgment."},{"severity":"medium","section_a":"s13(2) - bar on proceedings for non-reciprocating country judgments","section_b":"s12(1) - recognition as conclusive between parties","confidence":0.65,"description":"Section 13(2) prohibits proceedings in an Australian court for recovery of money under a judgment from a country to which s13 applies (non-reciprocating countries). Section 12(1) requires that a judgment to which Part 2 applies, or would have applied if it were a money judgment, must be recognised as conclusive between the parties and may be relied upon by way of defence or counter-claim. If s13 applies to a country, it would seem to override Part 2 entirely, yet s12(1)'s recognition obligation applies to judgments to which Part 2 'would have applied if it were a money judgment' - creating ambiguity about whether a non-money judgment from a s13 country retains its conclusive recognition while money judgments from the same country are unenforceable."},{"severity":"medium","section_a":"s7(4)(b) - no jurisdiction where agreement to arbitrate/other dispute resolution","section_b":"s7(3)(a)(i), (ii), (iii) and s7(3)(c) - exceptions to the no-jurisdiction rule","confidence":0.67,"description":"Section 7(4)(b) provides that courts of the original country are not taken to have had jurisdiction if proceedings were brought contrary to a dispute resolution agreement, except in the cases of s7(3)(a)(i) (voluntary submission), (ii) (plaintiff/counter-claimant), (iii) (prior agreement to submit) and (c) (jurisdiction recognised under local law). The exception in s7(3)(a)(iii) - prior agreement to submit to the jurisdiction of the original court - directly conflicts with s7(4)(b)'s premise: if a party agreed to submit to the court's jurisdiction, there cannot simultaneously be an agreement to resolve disputes 'otherwise than by proceedings in the courts of that country.' These two provisions describe mutually exclusive factual scenarios yet are presented as capable of simultaneous application."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original intent to create a uniform federal scheme for the reciprocal enforcement of foreign judgments, replacing previous state-based regimes while incorporating updates for specific jurisdictions like New Zealand and Papua New Guinea."},"complexity_factors":["Over 15 densely drafted defined terms in s 3, including layered exclusions for taxes (non-recoverable tax, New Zealand tax, recoverable Papua New Guinea income tax) and types of proceedings (action in personam exclusions for matrimonial, bankruptcy, mental health matters)","Reciprocity trigger in s 5 that depends on Governor-General satisfaction and regulations specifying superior/inferior courts and non-money judgments, with detailed prescription requirements in s 5(7)","Multi-layered grounds for setting aside registration in s 7(2), incorporating 11 mandatory grounds and one discretionary ground, plus complex jurisdiction deeming rules in s 7(3)–(5) with multiple exceptions","Registration mechanics in s 6 containing 16 subsections dealing with time limits, currency conversion using authorised foreign exchange dealers, partial registration, interest, costs, and stays","Cross-references to external legislation including the International Arbitration Act 1974, Service and Execution of Process Act 1992, Foreign States Immunities Act 1985, Commerce Act 1986 (NZ), and Trans-Tasman Proceedings Act 2010","Transitional provisions in Part 4 that preserve pre-existing State/Territory registrations while phasing out parallel State schemes"],"plain_english_summary":"**The Foreign Judgments Act 1991** creates a uniform Australian system for recognising and enforcing civil judgments made by courts in certain overseas countries. It lets a person who won a foreign court case (the judgment creditor) apply to register that decision in an Australian Supreme Court or the Federal Court, after which it is treated as if it had been made by the Australian court itself. This makes it far easier to collect money owed or enforce other orders without having to start the whole lawsuit again in Australia.\n\nIt only applies where there is 'reciprocity' – the overseas country must give similar treatment to Australian judgments, and the Governor-General must declare this by regulation. The Act carefully defines what counts as a usable foreign judgment (final or interlocutory civil orders, some criminal compensation orders, and certain arbitration awards) and excludes family law, bankruptcy, tax penalties, and New Zealand judgments (which are covered by separate legislation).\n\n**Who it affects**: Winners and losers of overseas civil lawsuits, Australian courts handling registration applications, and parties in cross-border commercial disputes. It also allows Australian judgment creditors to obtain certificates to enforce Australian decisions overseas.\n\n**Why it matters**: It replaces a patchwork of old state laws with clear federal rules, reduces uncertainty in international dealings, protects against unfair foreign judgments through specific defences (such as no jurisdiction or fraud), and balances efficiency with safeguards like public policy exceptions. Without it, enforcing foreign wins would rely on slower common-law actions."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original focus was primarily on reciprocal enforcement of money judgments from foreign superior courts. Over time, scope expanded to include: non-money judgments (subject to regulations), arbitral awards enforceable in foreign courts, inferior (lower) courts of qualifying countries, and specific tax recovery mechanisms for New Zealand and Papua New Guinea. The exclusion of New Zealand court judgments from Part 2 (shifted to the Trans-Tasman Proceedings Act 2010) also represents a significant narrowing of scope for the most common cross-border enforcement scenario for Australians."},"complexity_factors":["Multi-layered reciprocity framework requiring regulations to activate the Act's operation for each country, creating a moving target of which countries are covered at any given time","Distinction between money judgments and non-money judgments, each with different eligibility criteria and registration pathways","Special carve-outs for New Zealand and Papua New Guinea tax obligations, requiring readers to cross-reference separate legislation","Complex currency conversion mechanics for registering judgments in foreign currencies, including specific business day and exchange rate calculation rules","Detailed jurisdictional tests in section 7 requiring analysis of how and why a foreign court had authority to hear a case — concepts drawn from private international law","Interaction with multiple other statutes: Trans-Tasman Proceedings Act 2010, International Arbitration Act 1974, Service and Execution of Process Act 1992, Foreign States Immunities Act 1985","Transitional provisions preserving pre-existing State and Territory registration regimes for a temporary period","Discretionary versus mandatory grounds for setting aside registration, requiring judgment about which category applies","Public international law immunity concepts embedded in the setting-aside provisions"],"plain_english_summary":"## What This Law Does\n\nThe **Foreign Judgments Act 1991** creates a system for recognising and enforcing court decisions made in other countries within Australia — and vice versa.\n\n### The Core Problem It Solves\nIf you win a lawsuit in, say, Germany and the person who owes you money has assets in Australia, you can't just wave the German court order at an Australian sheriff. Without this Act, you'd need to sue again from scratch in Australia. This law creates a shortcut — a **registration system** — that lets qualified foreign court orders be treated almost like Australian judgments.\n\n### Who Does This Affect?\n- **Businesses and individuals** who have won court cases overseas and want to collect money or enforce orders in Australia\n- **Debtors** who had judgments entered against them in foreign courts\n- **Companies** operating internationally who may find foreign judgments registered against them in Australia\n\n### How the Reciprocity System Works\nThis Act only applies to countries where Australia and that country have a mutual arrangement — meaning **both countries agree to enforce each other's court decisions**. The Australian Government (via regulations, i.e. rules made under this law) decides which countries qualify. New Zealand is specifically excluded here because it's covered by separate, more detailed legislation (the Trans-Tasman Proceedings Act 2010).\n\n### What Kinds of Judgments Qualify?\n- **Money judgments** (orders to pay a sum of money) from qualifying countries are the main focus\n- **Non-money judgments** (e.g., orders to do or stop doing something) can also qualify, but only if regulations specifically allow it\n- **Tax debts and fines** are generally excluded — *except* New Zealand tax debts and certain Papua New Guinea income taxes get special treatment\n- Judgments from arbitration (private dispute resolution) can qualify if they've been formally recognised by a court in the originating country\n\n### The Registration Process\n- The person who won the overseas case (the **judgment creditor** — the winner) applies to an Australian Supreme Court or the Federal Court within **6 years** of the judgment\n- Once registered, the foreign judgment is treated as if it were originally made in Australia and can be enforced the same way\n- The losing party (the **judgment debtor**) can apply to have the registration **set aside** (cancelled) on specific grounds\n\n### Grounds to Challenge Registration\nA registered judgment can be thrown out if:\n- The original court had no proper authority (jurisdiction) to hear the case\n- The debtor wasn't given proper notice of the original proceedings\n- The judgment was obtained by **fraud** (dishonest means)\n- Enforcing it would be against Australian **public policy** (community values and legal principles)\n- The judgment has already been paid or overturned\n- The original court lacked jurisdiction under international law\n\n### Protections for Defendants\nA person who appeared in the foreign court **only** to challenge the court's authority, or to protect seized property, is **not** treated as having accepted that court's jurisdiction — an important protection against being trapped by courts that had no proper basis to hear a case.\n\n### The Stick: No Reciprocity, No Access\nIf a foreign country treats Australian judgments unfairly, Australia can block enforcement of that country's judgments here entirely (section 13).\n\n### Certificates for Australians Going Overseas\nAustralians who win cases here and want to enforce them overseas can get certified copies and certificates from Australian court registrars to assist with that process."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act itself sets out the scope and the mechanisms for varying scope through regulations and Rules of Court (for example, extending Part 2 to particular countries or courts and specifying non‑money judgments) (s 5, s 16–17). The text does not indicate that the enacted scope has been altered from an \"original intent\" within the statute; rather, it intentionally vests power in regulations to expand, limit or define coverage and to prescribe procedural details (s 5, s 16–17). Section 14 also contemplates that regulations may cause certain registered judgments to cease to be enforceable if regulatory conditions change (s 14)."},"complexity_factors":["Dependence on secondary instruments: regulations (Governor‑General) determine which countries/courts and non‑money judgments are covered (s 5, s 16)","Procedural integration with Rules of Court for proof, service, and security requirements (s 6(3), s 17)","Multiple exceptions and carve‑outs (New Zealand exclusion, PNG tax treatment, categories of proceedings excluded from 'action in personam') (s 5(10), s 3(2)–(3), s 3)","Different jurisdictional routes depending on judgment type and subject-matter (s 6(2))","Detailed registration mechanics including currency conversion rules and inclusion of registration costs and interest (s 6(11)–(11B), s 6(15))","Court discretion to stay enforcement, impose conditions, set aside registrations on enumerated grounds (s 7, s 8)"],"plain_english_summary":"# What this Act does, who it affects, and how it operates\n\nThis Act sets out how judgments given by courts in other countries can be recognised and enforced in Australia. It creates a single, statutory process for registering certain foreign judgments in Australian courts so they can be enforced here as if they had been given by an Australian court.\n\nKey mechanical changes and procedures\n\n- Which judgments can be registered: The Act applies to \"enforceable money judgments\" and, where regulations allow, to specified non‑money judgments. Whether the Act applies to judgments from a particular country (or particular courts within that country) is determined by regulations made after the Governor‑General is satisfied there will be substantial reciprocity of treatment (see s 5). (s 5)\n\n- Who can apply and when: A judgment creditor may apply to register a qualifying judgment in an appropriate Australian court within 6 years after the judgment date (or, if there were appeals, within 6 years after the last judgment in those appeals). The choice of court depends on the nature of the judgment and the subject matter (see s 6(1)–(2)). (s 6(1)–(2))\n\n- Effect of registration: If a court orders registration, the registered judgment has, for enforcement purposes, the same force and effect as if it had originally been given in the Australian registering court (including carrying interest and permitting enforcement proceedings) (s 6(7)). While registration can be challenged, the registering court controls enforcement and may order stays. (s 6(7), s 8)\n\n- When registration is refused or set aside: The Act lists specific grounds on which a registered judgment must be set aside — for example, lack of jurisdiction in the original court, fraud, lack of notice to the defendant, reversal in the original country, the judgment being wholly satisfied, or enforcement being contrary to public policy (with a tax-related exception) (s 7(2)(a)). The court may also set aside registration in limited other circumstances (s 7(2)(b)). (s 7)\n\n- Stays and conditions: A registering court may stay enforcement while an appeal in the original jurisdiction is pending or intended, and may impose conditions such as security or time limits for pursuing the appeal (s 8). (s 8)\n\n- Currency and costs: If the foreign judgment is expressed in another currency, the Act prescribes either registration in that foreign currency (if requested) or conversion to Australian dollars using a specified method involving authorised foreign exchange dealers (s 6(11)–(11B)). The registered judgment may also include reasonable costs of registration and any interest that became due under the original judgment up to registration (s 6(15)). (s 6(11)–(11B), s 6(15))\n\n- Exclusivity of the registration route: Except as provided in the Act, courts in Australia will not entertain other proceedings to recover amounts payable under a judgment covered by Part 2 — recovery must proceed by registration under this Act (s 10). (s 10)\n\nWho pays, who decides, and where the burdens lie\n\n- Who pays: The judgment creditor initiates registration and is obliged to meet registration costs (including certified copies and foreign exchange evidence) which the registered judgment can include (s 6(15)). Judgment debtors face the risk of enforcement and may need to apply to set aside registration, which involves legal costs and compliance with proof and service rules (s 7, s 17). (s 6(15), s 7)\n\n- Who decides: The Governor‑General and regulations determine which countries and courts are covered and whether non‑money judgments are included (s 5, s 3(2)–(3)). Australian superior courts (or the Federal Court where specified) decide registration, stays, setting aside, and procedural matters, guided by Rules of Court and regulations (s 6(2)–(3), s 16–17). (s 5, s 6(2)–(3), s 16–17)\n\n- Compliance burden and documentary proof: Applications require proof of matters prescribed by Rules of Court (s 6(3)). Registration requires certified copies of foreign judgments and, where conversion is needed, evidence from authorised foreign exchange dealers (s 6(11), s 6(15)). Service of notice and other procedural steps are governed by Rules of Court (s 17). (s 6(3), s 6(11), s 6(15), s 17)\n\nIncentives, trade-offs, and implementation risks\n\n- Incentives created: The Act creates a predictable, statutory path to enforce certain foreign judgments in Australia (if reciprocity is established). That benefits foreign judgment creditors by reducing legal uncertainty about enforcement in Australia (s 5, s 6(7)). At the same time it limits parties’ alternative enforcement routes by requiring registration as the route for covered judgments (s 10).\n\n- Costs and who bears them: Costs of registration (document production, translation, currency conversion evidence, court fees) are borne initially by the judgment creditor and can be included in the registered judgment; legal costs of defending or seeking to set aside registration are borne by the judgment debtor (s 6(15), s 7). (s 6(15), s 7)\n\n- Delegation and discretion: The Act delegates important scope decisions to the Governor‑General by regulation (which can add or remove countries, specify courts, and expand or limit the kinds of judgments covered). Courts retain discretionary powers over stays, security, and setting aside (s 5, s 8, s 17). (s 5, s 8, s 17)\n\n- Implementation risks: The Act depends on secondary instruments (regulations and Rules of Court) to define which countries/courts are covered, to prescribe detailed proof requirements, and to handle PNG tax exceptions; that creates operational dependence on later instruments and administrative assessment (s 5, s 16–17, s 3(2)–(3)). (s 5, s 16–17, s 3(2)–(3))\n\nNotable limits and carve‑outs\n\n- New Zealand judgments are excluded from Part 2; a separate Trans‑Tasman regime applies (s 5(10)). (s 5(10))\n- The Act contains special rules about which Papua New Guinea taxes are \"recoverable\" and leaves regulatory power to exclude certain PNG taxes (s 3(2)–(3), s 6(14)). (s 3(2)–(3), s 6(14))\n- The Act does not apply to matrimonial, probate, bankruptcy/insolvency, company winding up, mental health or guardianship of infants in the definition of \"action in personam\" (s 3). (s 3)\n\nBottom line\n\nThis Act establishes a statutory registration process for enforcing qualifying foreign judgments in Australia, subject to regulatory determinations about which countries and courts are covered. It centralises recognition and enforcement through Australian superior courts and sets out specific grounds and procedures for registration, challenge and enforcement, while assigning costs, evidentiary duties and procedural rules to the parties and the courts (see Parts 2 and 3 and sections cited above)."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-judgments-act-1991","history":"/api/acts/foreign-judgments-act-1991/history","analysis":"/api/acts/foreign-judgments-act-1991/analysis","conflicts":"/api/acts/foreign-judgments-act-1991/conflicts","importantCases":"/api/acts/foreign-judgments-act-1991/important-cases","documents":"/api/acts/foreign-judgments-act-1991/documents"}}