Foreign Judgments Act 1991
No. 112, 1991
Compilation No. 5
Compilation date: 18 February 2022
Includes amendments up to: Act No. 3, 2022
Registered: 1 March 2022
About this compilation
This compilation
This is a compilation of the Foreign Judgments Act 1991 that shows the text of the law as amended and in force on 18 February 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 External Territories
Part 2—Reciprocal enforcement of judgments
5 Application of this Part on the basis of reciprocity of treatment
6 Application for, and effect of, registration of foreign judgments
7 Setting aside a registered judgment
8 Stay of enforcement of a registered judgment
9 Re‑registration of certain registered judgments which have been set aside
10 Registrable judgments not to be otherwise enforceable
Part 3—Miscellaneous
11 Judgments to which Part 2 does not apply
12 General effect of certain judgments
13 Money judgments unenforceable if no reciprocity
14 Registered judgments cease to be enforceable in certain circumstances
15 Issue of certificates of judgments obtained in Australian courts
16 Regulations
17 Rules of Court
Part 4—Transitional provisions
18 Registration of judgments recognised under State or Territory law
19 Enforcement of judgments registered under State or Territory law after commencement of this Act
20 Rules of Court
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the enforcement of foreign judgments in the Commonwealth, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as…
Overview
The Foreign Judgments Act 1991 was enacted by the Parliament of Australia to address the need for a formalised and streamlined process for the enforcement of foreign judgments within Australia. This legislation aims to facilitate the recognition and enforcement of foreign judgments in Australia on the basis of reciprocity, ensuring that Australian courts will enforce foreign judgments when the foreign country in question also enforces Australian judgments. The Foreign Judgments Act 1991 provides a legal framework for the registration and enforcement of foreign judgments, with provisions to set aside or stay enforcement of judgments under certain conditions, thereby balancing the interests of judgment creditors and debtors. The Act applies to foreign judgments that meet specific criteria, including being final, conclusive, and originating from countries that provide reciprocal treatment to Australian judgments. The Act also includes provisions for the recognition of foreign judgments in Australian courts, regardless of whether they have been registered, and sets out the circumstances under which registered judgments may cease to be enforceable.
Scope and Application
The Foreign Judgments Act 1991 applies to the enforcement of foreign judgments in the Commonwealth of Australia. This Act extends to each external territory of Australia. The Act applies to enforceable money judgments that are final and conclusive, given in a superior or inferior court of a country in relation to which this Part extends. The Act also applies to certain non-money judgments given in courts of a country in relation to which this Part extends, as prescribed by regulations. However, the Act does not apply to judgments given by a superior court on appeal from a judgment given by an inferior court, unless the judgment of the inferior court is a judgment to which this Part applies. Additionally, the Act does not apply to judgments given by a court of New Zealand. The Foreign Judgments Act 1991 allows for the registration of foreign judgments in Australian courts, subject to certain conditions and limitations. The Act also provides for the setting aside of registered judgments, the stay of enforcement of registered judgments, and the re-registration of certain registered judgments that have been set aside. The Act extends or restricts application through subordinate instruments, such as regulations and Rules of Court.
Key Provisions
- The Foreign Judgments Act 1991 (Cth) governs the enforcement of foreign judgments in Australia. The Act applies to judgments given in the courts of countries other than New Zealand, provided that there is substantial reciprocity of treatment in the enforcement of such judgments (section 5). The Act allows for the registration of certain foreign judgments in Australian courts, enabling the judgment creditor to enforce the judgment as if it were an Australian judgment (section 6). The Act also provides for the setting aside of registered judgments under certain circumstances, such as fraud or lack of jurisdiction (section 7). Additionally, the Act allows for the stay of enforcement of a registered judgment pending the outcome of an appeal (section 8) and the re-registration of certain judgments that have been set aside (section 9). The Act imposes obligations on parties to provide proof of certain matters when applying for the registration of a foreign judgment (section 6). It also requires judgment creditors to notify the court and the Registrar of any order setting aside the registration of a judgment (section 7). The Act specifies the circumstances in which a registered judgment ceases to be enforceable, such as when regulations are amended or repealed (section 14). The Act provides for offences and penalties for non-compliance with its provisions, although specific penalties are not detailed in the text provided. The Act also allows for the issue of certificates for judgments obtained in Australian courts for enforcement in other countries (section 15). Regulations may be made under the Act to prescribe matters required or permitted by the Act or necessary or convenient to carry it out (section 16). Rules of Court may also be made to regulate the practice and procedure of superior courts in proceedings under the Act (section 17). The Act includes transitional provisions for judgments recognised under State or Territory law and the enforcement of judgments registered under such laws after the Act's commencement (sections 18 and 19). Rules of Court relating to the registration or enforcement of foreign judgments continue to apply until new Rules of Court are made under the Act or one year after the Act's commencement, whichever is earlier (section 20).
- Area of Law
- Civil Litigation & Procedure
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Enforcement Powers
- Transitional Provisions