Commonwealth Numbered Regulations

1992 No. 186 FEDERAL COURT RULES (AMENDMENT) - REG 4

4.1 After Order 73, insert:

"ORDER 74-RECIPROCAL ENFORCEMENT OF JUDGMENTS
UNDER THE FOREIGN JUDGMENTS ACT 1991 Interpretation

"1. Unless the contrary intention appears, expressions used in this Order
have, in relation to proceedings taken under the Foreign Judgments Act 1991,
the same meaning in this Order as they have in that Act. Application of Order

"2. This Order applies to an application for an order for the registration of
a money judgment or a non-money judgment to which paragraph 6 (2) (a) or 6 (2)
(b) of the Foreign Judgments Act 1991 applies. Application for an order for
registration of foreign judgment

"3. (1) An application under subsection 6 (1) of the Foreign Judgments Act 
1991 to have a judgment registered in the Court must:

   (a)  be in Form 132; and

   (b)  have attached a copy of the judgment certified by the original court
        and, if the judgment is not in the English language, a translation of
        the judgment authenticated by affidavit; and

   (c)  be supported by affidavits in accordance with rule 4.

"(2) An application under this rule may be made ex parte. Matters to be
included in affidavit

"4. (1) An affidavit in support of an application must be filed with the
application and must state:

   (a)  the full name, occupation and the usual or last known place of
        residence, or of business, of the parties; and

   (b)  if paragraph 6 (1) (b) of the Foreign Judgments Act 1991 is relied
        on-the date of the last judgment in proceedings by way of appeal; and

   (c)  that the judgment was given in a proceeding in which a matter for
        determination arose under the Commerce Act 1986 of New Zealand (other
        than a proceeding or a part of a proceeding in which a matter for
        determination arose under section 36a, 98h or 99a of that Act); and

   (d)  that Part 2 of the Foreign Judgments Act 1991 applies to the judgment;
        and

   (e)  that if the judgment were registered the registration would not be, or
        be liable to be, set aside under section 7 of the Act; and

   (f)  the amount of costs of, and incidental to, the registration sought to
        be included in the registered judgment; and

   (g)  if the judgment is a money judgment:

        (i)    that judgment was given in a superior court of a country in
               relation to which Part 2 extends or an inferior court of such a
               country, being an inferior court in relation to which Part 2
               extends; and

        (ii)   if section 13 of the Foreign Judgments Act 1991 does not apply
               to the country of the original court-that that section does not
               so apply; and

   (h)  if the judgment is a non-money judgment-that the judgment is a
        non-money judgment of a kind prescribed pursuant to subsection 5 (6)
        of the Foreign Judgments Act 1991.

"(2) A further affidavit in support of the application must be filed on the
day of hearing the application and must state that on that day:

   (a)  the judgment can be enforced in the country of the original court; and

   (b)  if the judgment is a money judgment:

        (i)    the judgment has not been wholly satisfied; and

        (ii)   if the judgment has been partly satisfied-the balance remaining
               payable on that day; and

        (iii)  the interest (if any) which by the law of the country of the
               original court has become due under the judgment up to the time
               of registration; and

        (iv)   if the amount payable under the judgment is expressed in a
               currency other than Australian currency and the application
               does not state that the judgment is to be registered in the
               currency in which it is expressed-the judgment is to be
               registered for the equivalent amount in Australian currency,
               based on the rate of exchange prevailing on that day.

"(3) The affidavit must set out the facts and grounds relied on for each
statement made in the affidavit and attach any certificates which have been
issued by the original court with respect to the judgment stating:

   (a)  the causes of action to which the judgment relates; and

   (b)  the enforceability of the judgment in that country; and

   (c)  the rate of interest (if any) payable under the law of that country on
        any amount payable under the judgment. Registration

"5. (1) An order for the registration of a money judgment must be in Form 133.

"(2) An order for the registration of a non-money judgment must be in Form
134. Notice of registration

"6. (1) The applicant must serve a notice of registration, in Form 135 or Form
136, as the case requires, on the party against whom the registered judgment
is enforceable.

"(2) The notice must have attached:

   (a)  an office copy of the order for registration of the judgment; and

   (b)  copies of the supporting affidavits.

"(3) The notice, the office copy of the order and a copy of each supporting
affidavit must be served personally in accordance with these Rules unless some
other mode of service is ordered by the Court or a Judge.

"(4) An affidavit of due service must be filed before any step is taken to
enforce the registered judgment. Time limit

"7. (1) Order 3, rule 3 applies to an application to have the registration of
a judgment set aside.

"(2) On an application to have the registration of a judgment set aside, the
Court may give such directions as may be necessary for the statement and trial
of any issue arising in the application. Security for costs

"8. The Court may order an applicant for registration of a judgment give such
security as the Court thinks fit for the costs of the application and for the
costs of any application which may be brought to set aside the registration of
the judgment. Record of Registered Judgments

"9. The Registrar must maintain a record of the following particulars of each
registered judgment:

   (a)  the details of the judgment of the original court;

   (b)  the date of the order that the judgment be registered;

   (c)  in relation to the judgment creditor-the full name and address of the
        judgment creditor or the name and address of the judgment creditor's
        solicitor or agent on whom a document can be served;

   (d)  in relation to the party against whom the judgment is enforceable-the
        full name, occupation and last known address of that party;

   (e)  if the judgment is a money judgment:

        (i)    the sum expressed in the currency in which the judgment is
               registered; and

        (ii)   the interest (if any) due under the judgment up to the time of
               registration; and

        (iii)  the rate at which the registered judgment carries interest;

   (f)  if the judgment is a non-money judgment-the terms of the judgment;

   (g)  the costs of, and incidental to, registration included in the
        registered judgment;

   (h)  the particulars of any enforcement or proceeding in respect of the
        registered judgment.".