Foreign Judgments Regulations 1992
Statutory Rules No. 321, 1992
made under the
Foreign Judgments Act 1991
Compilation No. 9
Compilation date: 1 December 2015
Includes amendments up to: SLI No. 207, 2015
Registered: 23 December 2015
About this compilation
This compilation
This is a compilation of the Foreign Judgments Regulations 1992 that shows the text of the law as amended and in force on 1 December 2015 (the compilation date).
This compilation was prepared on 9 December 2015.
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 ComLaw (www.comlaw.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 ComLaw 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.
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 ComLaw 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name of regulations
2 Interpretation
3 Extension of Part 2 of the Act
4 Specified superior courts
5 Specified inferior courts
Schedule—Superior Courts
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of regulations
These regulations are the Foreign Judgments Regulations 1992.
2 Interpretation
In these Regulations:
Act means the Foreign Judgments Act 1991.
Privy Council means the Privy Council of the United Kingdom, and is taken to include the Judicial Committee of the Privy Council.
3 Extension of Part 2 of the Act
Part 2 of the Act extends to each country specified in column 2 of the Schedule.
4 Specified superior courts
For the purposes of the Act, the courts specified in column 3 of an item in the Schedule are taken to be superior courts of the country specified in column 2 of that item.
5 Specified inferior courts
(2) Part 2 of the Act extends in relation to the following inferior courts of the United Kingdom:
(a) County Courts (England and Wales);
(b) County Courts (Northern Ireland);
(c) Sheriff Courts (Scotland).
(3) Part 2 of the Act extends in relation to the following inferior courts of Canada:
(a) the…
Overview
The Foreign Judgments Regulations 1992 were made under the Foreign Judgments Act 1991, which was enacted by the Parliament of Australia. The Act was introduced to address the problem of recognising and enforcing foreign judgments in Australia, facilitating legal certainty and consistency across international borders. The Regulations provide supplementary detail to the Act, specifying the foreign courts whose judgments can be recognised and enforced in Australia. The policy objective of the Act is to ensure that foreign judgments are recognised and enforced in Australia in accordance with the principles of comity and reciprocity, promoting a fair and efficient judicial system. The Regulations were amended over the years to include additional courts and jurisdictions, reflecting the evolving nature of international legal relationships and the need for a flexible and responsive legal framework.
Scope and Application
The Foreign Judgments Regulations 1992, made under the Foreign Judgments Act 1991, govern the enforcement and recognition of foreign judgments in Australia. The regulations apply to judgments from countries specified in the Schedule, extending to both superior and inferior courts within those jurisdictions. This includes specific superior courts such as the Supreme Court of Canada, the Court of Appeal of Singapore, and the Bundesgerichtshof in Germany, as well as various inferior courts like County Courts in the United Kingdom and District Courts in Poland. The regulations also specify the extension of Part 2 of the Act to certain inferior courts in the United Kingdom, Canada, Switzerland, and Poland, thereby ensuring that judgments from these courts are recognised and enforceable in Australia under the terms of the Act. Any amendments to these regulations, affecting the scope and application, are accessible on ComLaw, and the effect of uncommenced amendments is not shown in the text of the compiled law. The regulations operate as modified by other laws but do not alter the text of the compiled law, providing a clear framework for the enforcement of foreign judgments within the Australian legal system.
Key Provisions
- The Foreign Judgments Regulations 1992, made under the Foreign Judgments Act 1991, provide the framework for recognising and enforcing foreign judgments in Australia. Regulation 3 specifies the extent to which Part 2 of the Act applies to judgments from specified countries, which are listed in the accompanying Schedule. Regulation 4 identifies the superior courts in each specified country whose judgments will be recognised and enforceable under the Act. Regulation 5 outlines the inferior courts in the United Kingdom, Canada, and Switzerland, as well as the District Courts in the Republic of Poland, whose judgments are subject to the provisions of the Act.
- The Act imposes certain obligations on the parties seeking to enforce a foreign judgment in Australia. They must provide a certified copy of the judgment, along with any necessary translations, to the relevant Australian court. The judgment must be from a court listed in the Schedule and must meet certain criteria, such as being final, binding, and not contrary to public policy. Additionally, the party enforcing the judgment must demonstrate that the foreign court had jurisdiction over the matter and that the judgment debtor had adequate notice and an opportunity to defend the proceedings.
- Failure to comply with the requirements of the Act, or providing false or misleading information, may result in civil or criminal penalties. Under section 24 of the Foreign Judgments Act 1991, a person who knowingly makes a false statement in a document required by the Act may be guilty of an offence. The maximum penalty for this offence is a fine of 5,000 penalty units or imprisonment for five years, or both, for a corporation, and 1,000 penalty units or imprisonment for one year, or both, for an individual. Additionally, any person who knowingly assists in making a false statement may also be liable for the same penalties. These provisions underscore the importance of accuracy and honesty in the enforcement of foreign judgments in Australia.
- Area of Law
- Conflict of Laws
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards