Commonwealth Consolidated Acts

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FOREIGN JUDGMENTS ACT 1991 - SECT 11

Judgments to which Part 2 does not apply

    For the purposes of proceedings brought in Australia for the recovery of an amount payable under a judgment given in an action in personam by a court of a country, not being a judgment to which Part   2 applies, the court is not taken to have had jurisdiction to give the judgment merely because the judgment debtor:

  (a)   entered an appearance in proceedings in the court; or

  (b)   participated in proceedings in the court only to such extent as was necessary;

for the purpose only of one or more of the following:

  (c)   protecting, or obtaining the release of:

  (i)   property seized or threatened with seizure, in the proceedings; or

  (ii)   property subject to an order restraining its disposition or disposal;

  (d)   contesting the jurisdiction of the court;

  (e)   inviting the court in its discretion not to exercise its jurisdiction in the proceedings.


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