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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 72

Setting aside registration

  (1)   A n Australian court in which an NZ judgment is registered m ust, on application by a liable person under subsection   ( 2), set aside the registration of the judgment if:

  (a)   the court is satisfied that enforcement of the judgment would be contrar y to public policy in Australia; or

  (b )   the judgment was registered in contravention of this Act; or

  (c )   both of the following subparagraphs apply:

  (i)   the judgment was given in a proceeding the subject matter of which was immovable property, or was given in a proceeding in rem the subject matter of which was movable property;

  (ii)   that property was, at the time of the proceeding in the original court or tribunal , not situated in New Zealand.

  ( 2 )   The liable person's application must be made within:

  (a)   30 working days of the Australian court after the day the liable person was given notice of registration under section   73 ; or

  (b)   if, before or after that period, the liable person applies to the Australian court for a longer period--any longer period the Australian court considers appropriate.

  (3)   The Australian court must not set aside the registration other wise than in accordance with this section.


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