What it does
The Foreign Judgments Regulations 1992 operate as a statutory bridge that activates and particularises the reciprocal enforcement regime created by the Foreign Judgments Act 1991. Regulation 3 expressly extends Part 2 of the Act to each country listed in column 2 of the Schedule. Once that extension is made, a judgment given by a court of such a country may be registered in an Australian court under the statutory scheme rather than being left to the slower and more uncertain common-law action on the judgment.
Regulation 4 then designates, for each listed country, the courts that are taken to be “superior courts” for the purposes of the Act. Only judgments from those identified superior courts (or from inferior courts separately brought within the regime) qualify for registration under the streamlined procedure. The regulation achieves this by cross-referencing column 3 of each item in the Schedule, thereby creating a precise schedule-driven matrix of covered courts.
Regulation 5 is the most granular provision. It lists, jurisdiction by jurisdiction, the inferior courts whose judgments are also registrable. Sub-regulation (2) covers three inferior courts of the United Kingdom: County Courts (England and Wales), County Courts (Northern Ireland) and Sheriff Courts (Scotland). Sub-regulation (3) adds three Canadian provincial courts: the Provincial Court of Alberta, the Provincial Court of British Columbia and the Provincial Court of Manitoba. Sub-regulation (4) identifies four types of Swiss inferior court: Bezirksgerichte, Erstinstanzliche Gerichte, Arbeitsgerichte and Mietgerichte. Finally, sub-regulation (6) brings every District Court of the Republic of Poland within the Part 2 regime. The deliberate omission of sub-regulations (1) and (5) in the text as presented is consistent with a legislative drafting style in which the Schedule itself may have absorbed some of the original listing functions, or with later amending regulations that renumbered the text without closing the gaps.