72Setting aside registration

72 Setting aside registration

(1) 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: (a) the court is satisfied that enforcement of the judgment would be contrary to public policy in Australia; or (b) the judgment was registered in contravention of this Act; or (c) both of the following subparagraphs apply: (i) 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; (ii) that property was, at the time of the proceeding in the original court or tribunal, not situated in New Zealand. (2) The liable person’s application must be made within: (a) 30 working days of the Australian court after the day the liable person was given notice of registration under section 73; or (b) 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. (3) The Australian court must not set aside the registration otherwise than in accordance with this section.