The Government of the Principality of Monaco v T.G.S.G. Group Pty. Limited

The Government of the Principality of Monaco (the applicant) sought to enforce a judgment obtained in Monaco against T.G.S.G. Group Pty. Limited (the respondent) in the Supreme Court of Victoria. The dispute concerned whether the Monégasque judgment was enforceable under the *Foreign Judgments Act 1991* (Cth) and the *Foreign Judgments Regulations 1992* (Cth), which provide for the registration and enforcement of judgments from designated foreign countries.

The primary legal issue before the Court was whether the Principality of Monaco was a "superior court" of a "proclaimed country" for the purposes of the *Foreign Judgments Act 1991* (Cth). This required the Court to determine if Monaco had been proclaimed as such by the Governor-General and if its courts qualified as superior courts under the Act's definitions. The Court also considered whether the judgment itself met the criteria for registration, including whether it was final and conclusive and for a sum of money.

Justice Zars reasoned that the *Foreign Judgments Act 1991* (Cth) and its associated Regulations are the sole mechanism for enforcing foreign judgments in Australia, and that strict compliance with their provisions is necessary. The Court found that while the *Foreign Judgments Regulations 1992* (Cth) listed Monaco as a proclaimed country, it did not specify that its courts were "superior courts" for the purposes of the Act. Consequently, the Court concluded that the Monégasque judgment was not enforceable in Victoria under the *Foreign Judgments Act 1991* (Cth).

The application for registration and enforcement of the Monégasque judgment was dismissed.