Reciprocal Enforcement of Judgments Act of 1927 (18 Geo v No. 4) (Qld)

PRACTICE. ISGEo. V. No.4, 1927. Reciprocal Enforcement of Judgments Act. OIL. See MINING--PETROLEUM. PASTORAL DEVELOPMENT. See LAND, CROWN. PETROLEUM. See MINING. 12013 PRACTICE. An Act to Facilitate the Reciprocal Enforcement 18 Geo. V. of Judgments and Awards in the State of ~~ : . Queensland and in the United Kingdom R~QI~ROCAL and other parts of His :r{ajesty's Domin- ~ f~ ' NOTR~ ~ ions or Territories under His Majesty's i~ ~ ~ : ~ ; ~ ~ protection, and for other purposes. [ASSENTED TO 5TH NOVEMBER, 1927.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Reciprocal Enforce- Short title ment of Judgments Act of 1927." 2. (1.) In this Act, unless the context otherwise I~ terpleta. requires- tJOn. " Judgment" means any judgment or order given Judgment. or made by a Court in any civil proceedings, whether before or after the passing of this Act, whereby any sum of money is made payable, and includes an award in proceedings on an arbitration if the award has, in pursu- ance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place; "Judgment creditor" means the person by whOmJud~ment the judgment was obtained, and includes the Ci·edItor. successors and assigns of that person;

12014 PRACTICE. Reciprocal Enforcement of Judgments Act. 18 GEO. V. No. 4, Judgmont debtor. Original ~ Court. :Superior .,court. Supreme Court. This Act. United Kingdom. "Judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given; "Original Court" in relation to any judgment means the Court by which the judgment was given; "Superior Court" means the High Court of England, the Court of Session in Scotland, and the High Court in Northern Ireland, or any Court in any part of His Majesty's Dominions having original civil jurisdiction as a superior Court therein or declared by the Legislature thereof to be a superior Court; "Supreme Court" means the Supreme Court of Queensland; " This Act"-This Act and all Proclamations and Rules of Court made thereunder; "United Kingdom" does not include the Irish Free State but does include Northern Ireland. ~owers of (2.) Subject to Rules of Court, any 01 the powers smgle Judge. conferred by this Act on the Supreme Court may be exercised by a Judge of the Court. Enforcement 3. (1.) Where a judgment has been obtained in a ~ ~ n~ U: tn8- superior Court in any part of His Majesty's Dominions judgments outside the Commonwealth of Australia to which this soubpteariinoerdin Act ext ends, t he J . U dgment credl' tor may app 1 y to the Courts in Supreme Court at any time within twelve months after ~ ~ : : : ;! ~ ~ ~ ~h the date of the judgment, or such longer period as may be allowed by the Supreme Court to have the judgment registered in that Court; and on any such application the Court may, if in all the circumstances of the case it thinks it just and convenient that the judgment should be enforced in this State, and subject to the provisions of this section, order the judgment to be registered accordingly. (2.) No judgment shall be ordered to be registered under. this section if- (a) The original Court acted without jurisdiction; or (b) The judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original

PRACTICE. 1927. Reciprocal Enforcement of Judgments Act. Court, rud not voluntarily appear or otherwjse submit or agree to submit to the jurisdiction of that Court; or (c) The judgment debtor, being the defendant in the proceerungs, was not duly served with the process of the original Court and did not appear, notwithstanrung that he was ordinarily resident or was carrying on business within the jurisruction of that Court or agreed to submit to the jurisdiction of that Court; or (d) The judgment was obtained by fraud; or (e) The judgment debtor satisfies the Supreme Court either that an appeal is pending or that he is entitled and intends to appeal against the judgment; or (f) The judgment was in respect of a cause of action which, for reasons of public policy or for some other similar reason, could not have been entertained by the Supreme Court. (3.) ·Where a judgment is registered under this section- (a) The judgment shall, as from the date of registration, be of the same force and effect, and proceedings may be taken thereon as if it had been a judgment originally obtained or entered up on the date of registration in the Supreme Court; (b) The Supreme Court shall have the same control and jurisdiction over the judgment as it has over similar judgments given by itself, but in so far only as relates to execution under this section; (c) The reasonable costs of and incidental to the registration of the judgment (including the costs of obtaining a certified copy thereof from the original Court and of the application for registration) shall be recoverable in like manner as if they were sums payable under the judgment. (4.) Rules of Court shall provide- (a) For service on the judgment debtor of notice of the registration of a judgment under this section; and

12016 PRACTICE. Reciprocal Enforcernent of J1ldgments Act. 18 Gm. V. No. 4, (b) For enabling the Supreme Court on an appli- cation by the judgment debtor to set aside the registration of a judgment under this section on such terms as the Court thinks fit; and ((;) For suspending the execution of a judgment registered under this section until the expira- tion of the period during which the judgment debtor may apply to have the registration set aside. (5.) In any action brought in any Court in Queens- land on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the actiou unless an application to register the judgment under this section has previously been refused or unless the Court otherwise orders. Issu.e of 4. Where a judgment has been obtained in the ~ ~ r; : ! ~ ~ : ~ t Supreme Court against any person, the said Court shall~ obtained in on an application made by the judgment creditor, and on the State. proof that the judgment debtor is resident in some part of His Majesty's Dominions outside the Common- wealth of AustraFa to which this Act extends, issue to the judgment creditor a certified copy of the judgment. Extent, of this Act. 5. (1.) This Act shall extend to the United Kingdom, and, where the Governor in Council is satisfied that reciprocal provisions have been made or are about to be made by the legislature or other competent authority of any part of His Majesty's Dominions outside the Commonwealth of Australia and outside the United Kingdom for the enforcement within that part of His Majesty's Dominions of judgments obtained in the Supreme Court, the Governor in Council may by Procla- mation declare that this Act shall extend to that part of His Majesty's Dominions, and on any such Proclamation being made this Act shall extend and apply accordingly. (2.) The Governor in Council may by Proclamation declare that this Act shall apply with respect to any territory which is under His Majesty's protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty's Dominions (not including the Commonwealth of Australia) as if that territory were part of His Majesty's Dominiomol,

PRACTICE. 12017 1927. Reciprocal Enforc.ement of Judgments Act. and on the making of any such Proclamation this Act shall, subject to the provisions of the Proclamation, have effect accordingly. (3.) The Governor in Council may by Proclamation revoke or vary any Proclamation made under this section. (4.) A copy of the Gazette purporting to contain a copy of a Proclamation under this section shall be conclusive evidence of the validity, contents, making and publication of such Proclamation, and of the fulfil- ment of all conditions precedent to the valid making thereof. 6. The power and authority to make Rules of Power to Court conferred' on the Governor in Council with the make rules. concurrence of any two or more of the Judges of the Supreme Court by section eleven of *" The Supreme Court ot Act 1921" shall include- (a) Power and authority to make such Rules of Court as are mentioned in subsection four of section three of this Act; (b) Power and authority to make Rules of Court for regulating the practice and procedure (including scales of fees and evidence) in respect of proceedings of any kind under this Act; (c) Power and authority to make Rules of Court for regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given, in any proceedings in the Supreme Court, or on any application in connection with or at any stage of such proceedings; and (d) Generally, power and authority to make Rules of Court to give full force and effect to the objects and purposes of this Act. 7. Where, for the purpose of disposing of any action Questions of or other matter which is being tried by a Judge of the ~ ~rb;' ~ e~ ~ ~ed Supreme Court with a jury, it is necessary to ascertain by Judge. the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect. to that law shall, instead of being submitted to the jury, be decided by the Judge alone. * 12 Geo. V. No 15, supra, page 9787.