Commonwealth Consolidated Regulations

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PROTECTION OF THE SEA (1992 FUND) REGULATIONS 1994 - REG 16

Procedure to have a registered judgment set aside

  (1)   A person against whom a registered judgment may be enforced may apply to the Court in which the judgment was registered to have registration of the judgment set aside.

  (2)   On an application, the Court may set aside registration of a judgment, if:

  (a)   the rights under the judgment are not vested in the person by whom the application for registration was made; or

  (b)   the person against whom the judgment was registered is not the person subject to the obligations under the judgment; or

  (c)   at the date of the application for registration of the judgment, the sum for which the judgment was registered had been paid in whole or in part; or

  (d)   the judgment was obtained by fraud; or

  (e)   the judgment debtor, being the defendant in the proceedings in the original court, was not given reasonable notice of those proceedings or a fair opportunity to defend the proceedings; or

  (f)   before the date of the judgment in the original court, the matter in dispute in the proceedings in that court had been the subject of a judgment of an Australian court exercising jurisdiction in the matter; or

  (g)   before the date of the judgment in the original court, the matter in dispute in the proceedings in that court had been the subject of a judgment of a court (except an Australian court) exercising jurisdiction in the matter, being a judgment that:

  (i)   could be registered; and

  (ii)   if it were registered   -- would not be liable to be set aside; or

  (h)   the judgment was registered in contravention of these regulations.


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