Emajor v Emajor

In the Family Court of Australia, the matter of Emajor v Emajor concerned an application by the respondent to enforce a judgment from a court in the United Kingdom. The applicant sought to enforce a judgment requiring the respondent to pay child maintenance in accordance with the terms of the UK judgment. The court had to determine whether the UK judgment could be enforced under the Family Law Act 1975, specifically section 111D. The primary issue was whether the judgment was a "foreign judgment" within the meaning of the Act, and if the respondent was subject to the jurisdiction of the UK court. Additionally, the court considered whether enforcement would be contrary to public policy or justice.

The court examined the definition of a "foreign judgment" and concluded that the UK judgment fell within this definition. It also assessed whether the respondent was subject to the jurisdiction of the UK court, finding that he was, as he had been served with the proceedings and had the opportunity to defend himself. The court found that enforcement of the UK judgment would not be contrary to public policy or justice, as there was no evidence to suggest that the judgment was obtained through fraud or was otherwise unfair. The court held that the UK judgment could be enforced in Australia, and orders were made accordingly.

The court ordered the respondent to pay the amount due under the UK judgment, including interest, within a specified period. The respondent was also directed to provide a statement of assets and income to the applicant to assist in determining the amount of maintenance to be paid. The court emphasised the importance of enforcing foreign judgments in family law matters to ensure the proper support of children. The respondent was warned that failure to comply with the orders would result in further legal action.