Originally from Enforcement of Money Judgments

I.  PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

Both the government and the courts recognize the importance of facilitating the enforcement of foreign judgments in Australia. A foreign money judgment can be enforced in Australia in two ways:

• judgments of courts of countries in which Australia has reciprocal arrangements can be enforced under legislation; and

• judgments of courts of countries with which Australia does not have reciprocal arrangements can be enforced under common law.

The Foreign Judgments Act 1991 (Cth) provides for the enforcement of foreign civil judgments in Australia. The Foreign Judgments Act 1991 (Cth) clearly indicates that the Australian Government is in favour of facilitating the enforcement in Australia of foreign money judgments where substantial reciprocity between Australian and foreign jurisdictions can be arranged.

The Foreign Judgments Act 1991 (Cth) provides for a registration scheme in respect of foreign money judgments. For the purposes of execution, a registered judgment has the same force and effect as a judgment handed down by the Australian court in which it is registered.  Regulations enacted pursuant to the Act extend the Act’s registration scheme to specified countries where “substantial reciprocity of treatment will be assured in relation to the enforcement in [the relevant foreign] country of money judgments given in all Australian superior courts”