South Australia
Foreign Judgments Act 1971
An Act to provide for the registration and enforcement of judgments of foreign courts; to repeal the Administration of Justice Act 1921; and for other purposes.
Contents
1Short title
3Repeal and transitional provision
4Interpretation
5Conditions under which a judgment is registrable
6Courts of reciprocal jurisdiction
7Registration of judgment
8Setting aside registration
9Copy of judgment and certificate to be supplied
10Rules of Court
Legislative history
The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Foreign Judgments Act 1971.
3—Repeal and transitional provision
(1)The following Acts are repealed:
the Administration of Justice Act 1921
the Administration of Justice Act Amendment Act 1926.
(2)Any judgment registered under the repealed Act, the execution of which had not been completed at the commencement of this Act, may, notwithstanding the provisions of subsection (1) of this section, be executed or enforced pursuant to, and in accordance with, the provisions of the repealed Act.
4—Interpretation
(1)In this Act, unless the contrary intention appears—
appeal means any proceedings that may result in the setting aside of a judgment;
court of reciprocal jurisdiction means a court declared by proclamation under this Act to be a court of reciprocal jurisdiction;
judgment means a judgment or order for the payment of a monetary sum or the recovery or delivery up of personal property given or made in civil proceedings by a court of any country or state (except a State or Territory of the Commonwealth) and includes a judgment or order of any such court awarding monetary compensation in criminal proceedings to any person in respect of loss or injury sustained by him;
judgment creditor means a person in whom the rights established by, or arising under, the judgment are vested;
judgment debtor means a person against whom a judgment is enforceable in accordance with the law of the country or state in which the original court is situated;
non-recoverable tax means tax other than recoverable tax;
original court in relation to a judgment means the court by which the judgment was given;
recoverable tax means tax payable under the laws of Papua New Guinea relating to taxes on income, but does not include—
(a)additional or other tax payable, by way of penalty, interest or otherwise, because of a contravention or failure to comply with any of those laws or of a requirement made under any of those laws; or
(b)tax of a class or description for the time being specified in a proclamation in force under subsection (2);
the Court or the Supreme Court means the Supreme Court of South Australia;
the repealed Act means the Administration of Justice Act 1921 repealed by this Act.
(2)Where the Governor is of the opinion that tax of a particular class or description, payable under the laws of Papua New Guinea, is not properly a tax on income, he may, by proclamation, declare tax of that class or description not to be recoverable tax.
(3)The Governor…