Reciprocal Enforcement of Judgments Act Amendment Act 1986 (Qld)

638 Mueenslanb ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE N0® 40 of 1986 An Act to amend the Reciprocal Enforcement of Judgments Act 1959-1981 in certain particulars [ASSENTED TO 15TH S EPTEMBER, 1986]

Reciprocal Enforcement of Judgments Act .Amendment Act 1986, No. 40 639 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as. follows:- 1. Short title and citation . (1) This Act may be cited as the Reciprocal Enforcement of Judgments Act Amendment Act 1986. (2) In this Act the Reciprocal Enforcement of Judgments Act 1959- 1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Reciprocal Enforcement of Judgments Act 1959-1986. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 1. Section 1 of the Principal Act is amended in subsection (2) by inserting after the expression "(ss. 10-13)" the following expressions and words:- <l PART IV-ENFORCEMENT OF JUDGMENTS TO WHICH PART II DOES NOT APPLY ( s. 14)". 4. Amendment of s. 7. Cases in which registered judgments must, or may , be set aside . Section 7 of the Principal Act is amended by- (a) omitting subparagraph (i) of paragraph (a) of subsection (3) and substituting the following subparagraph:- "(i) if the judgment debtor voluntarily submitted to the jurisdiction of the original Court;"; (b) adding after subsection (4), the following subsection:- "(5) For the purposes of paragraph (a) of subsection (3), a person does not voluntarily submit to the jurisdiction of a court by- (a) entering an appearance in proceedings in the court; or (b) participating in proceedings in the court only to such extent as is reasonably necessary, for the purpose only of one or more of the following:- (c) protecting, or obtaining the release of- (i) property seized, or threatened with seizure, in the proceedings: or

640 Reciprocal Enforcement of Judgments Act Amendment Act 1986, No. 40 (ii) property subject to an order restraining its disposition or disposal or in relation to which such an order is sought; (d) contesting the jurisdiction of the court; (e) inviting the court in its discretion not to exercise its jurisdiction in the proceedings.". 5. New heading and section . The Principal Act is amended by adding after section 13 the following heading and section:- "PART IV-ENFORCEMENT OF JUDGMENTS TO WHICH PART II DOES NOT APPLY 14. Certain judgments not enforceable at common law. For the purposes of proceedings brought in Queensland for the recovery of a sum payable under a judgment given in an action in personam by a court of a Commonwealth country ( other than Australia ) or a foreign country, not being a judgment to which Part II applies, the court shall not be taken to have had jurisdiction to give the judgment by reason only that the judgment debtor- (a) entered an appearance in proceedings in that court; or (b) participated in proceedings in that court only to such extent as was reasonably necessary', for the purpose only of one or more of the following:- (c) protecting , or obtaining the release of- (i) property seized , or threatened with seizure, in the proceedings; or (ii) property subject to an order restraining its disposition or disposal or in relation to which such an order is sought; (d) contesting the jurisdiction of the court; (e) inviting the court in its discretion not to exercise its jurisdiction in the proceedings.".