Part 53 Matters arising under the Foreign Judgments Act 1991 of the Commonwealth
(cf SCR Part 59A, rule 1)
In this Part, judgment, judgment creditor, judgment debtor and money judgment have the same meanings as they have in the Foreign Judgments Act 1991 of the Commonwealth.
53.2 Commencement of proceedings
(cf SCR Part 59A, rule 2)
(1) Proceedings for registration of a judgment under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth are to be commenced in the Supreme Court.(2) In any such proceedings, the judgment creditor is to be the plaintiff and the judgment debtor is to be the defendant.(3) Unless the Supreme Court otherwise orders, the judgment creditor may proceed without service of the summons on the judgment debtor.(4) If the judgment creditor adds to the summons a request that the application be granted under this rule, the Supreme Court may make the order in the absence of the public and without any attendance by or on behalf of the judgment creditor.
(cf SCR Part 59A, rule 3)
(1) The evidence in support of an application for registration of a judgment must include the following:(a) the judgment or a verified or certified or otherwise duly authenticated copy of the judgment,(b) if the judgment is not in English, a translation of the judgment into English, certified by a notary public or authenticated by evidence,(c) evidence showing which, if some only, provisions of the judgment are the subject of the application,(d) if it is a money judgment, evidence showing the amount originally payable under the judgment,(e) evidence showing that the Supreme Court is the appropriate court under section 6 (1) of the Foreign Judgments Act 1991 of the Commonwealth,(f) evidence showing the name and trade or business, and the usual or last known residential or business addresses, of the judgment creditor and judgment debtor,(g) evidence showing that the judgment creditor is entitled to enforce the judgment,(h) evidence showing:(i) that, at the date of the application, the judgment can be enforced by execution in the country of the original court, and(ii) that, if the judgment were registered in the Supreme Court, the registration would not be liable to be set aside under section 7 of the Foreign Judgments Act 1991 of the Commonwealth,(i) if interest is payable by the law of the country of the original court on any money which is payable under the judgment, evidence showing:(i) the rate of interest, and(ii) the amount of interest which has become due under the judgment up to the time of application for registration, and(iii) the daily amount of interest which, subject to any future payment on account of the judgment, will accrue after the date of the application,(j) evidence showing the extent to which the judgment is unsatisfied,(k) such other evidence as may be required having regard to any regulations made under the Foreign Judgments Act 1991 of the Commonwealth.(2) The evidence referred to in subrule (1) must relate to those provisions of the judgment that are the subject of the application.(3) The evidence referred to in subrule (1) (g)–(j) may be evidence to the best of the information or belief of the deponent or witness giving the evidence.(4) All amounts of money referred to in this rule must be expressed:(a) in the currency in which the judgment is expressed, and(b) if the judgment creditor has not made a statement under section 6 (11) (a) of the Foreign Judgments Act 1991 of the Commonwealth, as an equivalent amount in Australian currency calculated in accordance with section 6 (11) (b), (11A) and (11B) of that Act.
(cf SCR Part 59A, rule 4)
For the purposes of proceedings under the Foreign Judgments Act 1991 of the Commonwealth, the Supreme Court may make an order under rule 42.21 otherwise than on the application of the judgment debtor.
(cf SCR Part 59A, rule 5)
(1) The time fixed under section 6 (4) of the Foreign Judgments Act 1991 of the Commonwealth must not, except in exceptional circumstances, be less than 14 days after service on the judgment debtor of notice of the registration.(2) An order for registration of a judgment must specify the extent to which the judgment may be enforced.
(cf SCR Part 59A, rule 7)
(1) Notice of registration of a judgment must be served on the judgment debtor.(2) Service of the notice must be personal unless:(a) the judgment debtor has entered an appearance or is in default of appearance, or(b) the Supreme Court otherwise orders.(3) The notice of registration must state:(a) particulars of the judgment and of the order for registration, and(b) the right of the judgment debtor to apply for an order:(i) setting aside the registration, and(ii) staying enforcement of the judgment, and(c) the time within which the judgment debtor may apply for an order setting aside the registration.(4) If the summons has not been served on the judgment debtor, the notice of registration must also state the address for service of the judgment creditor.
53.7 Setting aside registration
(cf SCR Part 59A, rule 8)
(1) Subject to subrule (2), the Supreme Court may, on the application of the judgment debtor, make an order setting aside the registration.(2) An application for such an order must be made within the time fixed under section 6 (4) of the Foreign Judgments Act 1991 of the Commonwealth or within such further period as may be allowed under section 6 (5) of that Act.
(cf SCR Part 59A, rule 9)
(1) Subject to this rule, on registration of a judgment, the judgment may, to the extent specified in the order for registration, be enforced as a judgment of the Supreme Court in the proceedings in which it is registered.(2) The judgment creditor must not take any step for enforcement of the judgment until an affidavit of service of the notice of registration is filed or the Supreme Court is otherwise satisfied that the requirements of these rules as to service of the notice of registration have been complied with.(3) Except by leave of the Supreme Court, the judgment creditor may not take any step for enforcement of the judgment:(a) before the expiry of the time within which the judgment debtor may apply for an order setting aside registration, or(b) if within that time the judgment debtor makes such an application, before the application is disposed of.