Federal Court Rules (Amendment) (Cth)
WE, Judges of the
Federal Court of Australia, make the following Rules of Court under the
Dated 18 June 1992.
C. J.
J.
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(L.S.) J. E. J. SPENDER J.
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Judges of the Federal Court
of Australia
Acting Registrar
____________
1.1 These Rules commence on 27 June 1992.
2.1 The Federal Court Rules are amended as set out in these Rules.
3.1 Add at the end:
The Registrar must provide a certificate in Form 47a setting forth the particulars of the judgment on the request of a judgment creditor.”.
4.1 After Order 73, insert:
Unless the contrary intention appears, expressions used in this
Order have, in relation to proceedings taken under the
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
(1) An application under subsection 6 (1) of the
(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
be supported by affidavits in accordance with rule 4.
An application under this rule may be made
(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 .
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.
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:
the causes of action to which the judgment relates; and
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.
(1) An order for the registration of a money judgment must be in Form 133.
An order for the registration of a non-money judgment must be in Form 134.
(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.
The notice must have attached:
(a) an office copy of the order for registration of the judgment; and
copies of the supporting affidavits.
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.
An affidavit of due service must be filed before any step is taken to enforce the registered judgment.
(1) Order 3, rule 3 applies to an application to have the registration of a judgment set aside.
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.
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.
The Registrar must maintain a record of the following particulars of each registered judgment:
the details of the judgment of the original court;
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;
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.”.
5.1 The Numerical Table of Forms is amended by inserting after item 47:
“47a Certificate of Judgment.”.
5.2 The Numerical Table of Forms is amended by adding at the end:
“132 Application for registration of judgment under Part 2 of the
Foreign Judgments Act 1991
133 Order for registration of money judgment
134 Order for registration of non-money judgment
135 Notice of registration of money judgment
136 Notice of registration of non-money judgment.”.
6.1 After Form 47, insert:
“FORM 47a
CERTIFICATE OF JUDGMENT
(Order 36, subrule 11 (3))
Causes of action to which the judgment relates | The rate of interest (if any) payable on any amount payable under the judgment | Amount payable under the judgment on date of issue of certificate | Amount of costs ordered to be paid under the judgment | Particulars (if any) required by a foreign tribunal in which it is proposed to register or enforce the judgment | Date of trial | Date of judgment |
) in a suit wherein (
).
Registrar
______
6.2 After Form 131, insert:
“FORM 132
APPLICATION FOR REGISTRATION OF JUDGMENT UNDER THE
(Order 74, subrule 3 (1))
(Heading as in Form 1)
I, (
DETAILS OF JUDGMENT
COURT:
JUDGE:
DATE OF JUDGMENT:
WHERE MADE:
(
AMOUNT OF JUDGMENT, INCLUDING INTEREST:
(NOTE: (1) The applicant must state in the application that the judgment is to be registered in the currency in which it is expressed and state the amount of judgment expressed in that currency.)
(NOTE: (2) If
the applicant does not request the judgment to be registered in the currency in
which it is expressed, the judgment must be registered for an equivalent amount
in Australian currency, based upon the rate of exchange prevailing on the day
of application for registration. (See subsection 6 (11) of the
and/or
(
TERMS OF JUDGMENT:
7 May, 19 .)
.........................................................................
(Signed, applicant or applicant’s solicitor).
The applicant’s address for service is:
___________
“FORM 133
ORDER FOR REGISTRATION OF MONEY JUDGMENT
(Order 74, subrule 5 (1))
JUDGE:
DATE OF ORDER:
WHERE MADE:
ORDER
THE COURT ORDERS THAT:
) of the (
2. The amount which the judgment
debtor must pay to the judgment creditor is (
(
3. (
, or to be taxed) are to be paid by the judgment debtor to the judgment creditor.
days after service of the notice of registration, apply to have the registration set aside .
) .
Registrar
___________
“FORM 134
ORDER FOR REGISTRATION OF NON-MONEY JUDGMENT
(Order 74, subrule 5 (2))
JUDGE:
DATE OF ORDER:
WHERE MADE:
ORDER
THE COURT ORDERS THAT:
) of the (
or to be taxed) are to be
paid by the judgment debtor to (
days after service the notice of registration, apply to have the registration set aside.
e.g.(7 May, 19 ).
Registrar
___________
“FORM 135
NOTICE OF REGISTRATION OF MONEY JUDGMENT
(Order 74, subrule 6 (1))
To: (
) of the (
. (The amount includes an amount of interest of )(
days after service of this notice on you,apply to have the registration set aside.
The address for service of the (
e.g.(7 May, 19 ).
Registrar
___________
“FORM 136
NOTICE OF REGISTRATION OF NON-MONEY JUDGMENT
(Order 74, subrule 6 (1))
To: (
) of the (
days after service of this notice on you, apply to have the registration set aside.
The address for service of the (
e.g. (7 May, 19 ).
Registrar
__________ ”
1. Notified in the
2. Statutory Rules 1979 No. 140 as amended by 1980 No. 87; 1982 Nos. 217 and408; 1983 No. 264; 1984 Nos. 9 and 258; 1985 Nos. 16, 97, 168 and 227; 1986 Nos. 61, 157 and 324; 1987 Nos. 73, 174 and 197; 1988 Nos. 14, 54, 144, 217 and 306; 1989 Nos. 50, 253 and 318; 1990 Nos. 72, 102, 276, 319, 414 and 453; 1991 Nos. 70, 249, 395 and 461; 1992 Nos. 43, 44, 86 and 87.
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