1 Comments Commercial law, litigation, contracts, IP, property law
Hi. I have found this information which may be useful: The Foreign Judgments Act 1991 provides a regime for the registration and enforcement of judgments obtained in a superior court of another country where there is "substantial reciprocity" in the enforcement of judgments between Australia and the other country. The regime currently applies to 24 countries including the United Kingdom, Singapore, Korea, Japan, Italy, Germany, and France. Notably, the regime does not apply to China or the United States of America. The regime also applies to judgments obtained in the superior courts of Hong Kong, a number of UK overseas territories, and three Canadian provinces (Alberta, British Columbia, and Manitoba), and to judgments obtained in a small number of foreign inferior courts including the County Courts of England, Wales and Northern Ireland, and the Sheriff Courts of Scotland. AND: A judgment creditor looking to enforce a foreign judgment not covered by the regime in the Foreign Judgments Act 1991 must commence fresh proceedings in an Australian court, relying on the foreign judgment as creating a debt payable by the judgment debtor to the judgment creditor. Alternatively, the judgment creditor can commence fresh proceedings based on the original cause of action and rely on the foreign judgment to stop the judgment debtor from raising any defence which was or could have been raised in the foreign proceedings.