12Court recognition of a foreign measure

12 Court recognition of a foreign measure

(1) Subject to regulation 13, on receipt (under regulation 11 or with an application by an interested person) of a document that is a foreign measure, the relevant Registrar of a court may register the foreign measure by: (a) filing in the court a copy of the document; and (b) noting the fact and date of registration on the copy. (2) A foreign measure so registered (a recognised foreign measure): (a) has the same effect as a Commonwealth measure in the same terms; and (b) may, on application by the relevant Registrar of a court or a person interested in the measure (including the child who is the subject of the measure), be registered concurrently in any other court having jurisdiction under the Act. (3) A certificate by a court that the foreign measure has been registered in that court under this regulation is sufficient evidence to enable a concurrent registration to be made. (4) To enforce a recognised foreign measure, an interested person may take legal proceedings in any court that has jurisdiction.

Note 1: Section 111CT of the Act sets out the effect of registered foreign measures.

Note 2: For subregulation (4)—jurisdiction is conferred by section 39 of the Act.