Australian Capital Territory Repealed Acts

This legislation has been repealed.

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1954

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Foreign Judgments (Reciprocal Enforcement) Act 1954.1  
   2.      This Act shall come into operation on a date to be fixed by the Attorney-General by notice in the Gazette.1  
   4.      (1) In this Act, unless the contrary intention appears—“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; “country” includes a part of the Queen's dominions (other than a State or Territory of the Commonwealth); “country of the original court” means the country in which the original court is situated; “judgment” means a judgment or order given or made by a court in civil proceedings, or 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; “judgment creditor” means the person in whose favour the judgment was given and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise; “judgment debtor” means the person against whom the judgment was given, and includes a person against whom the judgment is enforceable under the law of the original court; “judgments given in the Supreme Court” includes judgments given in the Federal Court of Australia or the High Court on appeals against judgments given in the Supreme Court; “non-recoverable tax” means tax other than recoverable tax; “prescribed” means prescribed by Rules of Court; “recoverable tax” means tax payable under the laws of Papua New Guinea relating to taxes on income, but does not include—  

   PART II--RECIPROCAL ENFORCEMENT OF JUDGMENTS

   5.      (1) This Part extends in relation to the United Kingdom.  
   6.      (1) A person, being a judgment creditor under a judgment to which this Part applies, may apply to the Supreme Court at any time within six years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the Supreme Court.  
   7.      The provisions of this Act are subject to any Rules of Court (not inconsistent with a proclamation under this Act)—  
   8.      (1) On an application in that behalf duly made to the Supreme Court by a party against whom a registered judgment may be enforced, the registration of the judgment—  
   9.      (1) If, on an application to set aside the registration of a judgment, the applicant satisfies the Supreme Court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the Court, if it thinks fit, may, on such terms as it thinks just, either set aside the registration or adjourn the application to set aside the registration until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the competent tribunal.  
   10.     No proceedings for the recovery of a sum payable under a judgment to which this Part applies, other than proceedings by way of registration of the judgment, shall be entertained by a court having jurisdiction in the Territory.  

   PART III--MISCELLANEOUS

   10A.    10A. For the purpose of proceedings brought in the Territory for the recovery of a sum payable under a judgment given in an action in personam by a court of a Commonwealth country or a foreign country, not being a judgment to which Part II applies, the court shall not be taken to have had jurisdiction to give the judgment by reason only that the judgment debtor—  
   11.     (1) Subject to this section, a judgment to which Part II of this Act applies or would have applied if a sum of money had been payable under it, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognized in any court in the Territory 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.  
   12.     (1) If it appears to the Governor-General that the treatment in respect of recognition and enforcement accorded by the courts of a country to judgments given in the Supreme Court is substantially less favourable than that accorded by the courts of the Territory to judgments of the superior courts of that country, the Governor-General may by Proclamation declare that this section applies in relation to that country.  
   13.     (1) Except as provided in the next succeeding subsection, where a judgment under which a sum of money is payable has been entered in the Supreme Court against a person and the judgment creditor desires to enforce the judgment in a country in relation to which Part II of this Act extends, the Registrar shall, on an application made by the judgment creditor as prescribed and on payment of the prescribed fee, and if such matters with respect to the judgment as are prescribed are shown, issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, including the causes of action, and the rate of interest, if any, payable on the sum payable under the judgment, as are prescribed.  
   14.     (1) In this section, “relevant proclamation” means—  
           ENDNOTES