Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.74

Application to set aside registration of NZ judgment

             (1)  A liable person who wants to set aside the registration of a NZ judgment, under section 72(1) of the Trans-Tasman Proceedings Act, must file an originating application in the proceeding in which the judgment was registered, in accordance with Form 101.

             (2)  An application under subrule (1) must be accompanied by an affidavit stating:

                     (a)  briefly but specifically, the grounds on which the registration of the judgment should be set aside; and

                     (b)  the material facts relied on in support of the application.

Note:          An application to set aside the registration of a NZ judgment must be made within 30 working days of the Court after the day on which the liable person was served with notice of the registration, or within any shorter or longer period that the Court considers appropriate--see section 72(2) of the Trans-Tasman Proceedings Act.



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