Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 106

Stay may be granted

  (1)   A court of a State in which a judgment has been registered under subsection   105(1) may, on application by a person against whom the judgment has been given, entered or made, order that proceedings in that court by way of enforcement of the judgment:

  (a)   not be commenced until a specified time; or

  (b)   be stayed for a specified period.

  (2)   The order:

  (a)   must be made subject to conditions that:

  (i)   within the period specified in the order, the person make and prosecute an appropriate application for relief in respect of the judgment; and

  (ii)   the application be prosecuted in an expeditious manner; and

  (b)   may be made subject to such other conditions, including conditions as to the giving of security, as the court thinks fit.

  (3)   For the purposes of paragraph   (2)(a), an appropriate application for relief is an application to set aside, vary or appeal against the judgment, being an application made to a court or tribunal that has jurisdiction under the law in force in the place of rendition to grant the application.



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