Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 41.62

  (1)   A party who wants to register a judgment under section   6(1) of the Foreign Judgments Act 1991 must file an originating application, in accordance with Form 134.

  (2)   The originating application must be accompanied by:

  (a)   a copy of the judgment certified by the original court, and if the judgment is not in the English language a translation of the judgment authenticated by an affidavit; and

  (b)   an affidavit stating the following:

  (i)   the full name, occupation and the usual or last - known place of residence, or of business, of the parties;

  (ii)   if section   6(1)(b) of the Foreign Judgments Act 1991 is relied on--the date of the last judgment in proceedings by way of appeal;

  (iii)   that the judgment was given in a proceeding in which a matter for determination arose under the Commerce Act 1986 (New Zealand), other than a proceeding or a part of a proceeding in which a matter for determination arose under section   36A, 98H or 99A of that Act;

  (iv)   that Part   2 of the Foreign Judgments Act 1991 applies to the judgment;

  (v)   that if the judgment were registered the registration would not be, or be liable to be, set aside under section   7 of the Foreign Judgments Act 1991 ;

  (vi)   the amount of costs of, and incidental to, the registration sought to be included in the registered judgment;

  (vii)   if the judgment is a money judgment--that judgment was given in a superior court of a country in relation to which Part   2 of the Foreign Judgments Act 1991 extends, or an inferior court of such a country, being an inferior court in relation to which Part   2 of the Foreign Judgments Act 1991 extends;

  (viii)   if section   13 of the Foreign Judgments Act 1991 does not apply to the country of the original court--that that section does not so apply;

  (ix)   if the judgment is a non - money judgment--that the judgment is a non - money judgment of a kind prescribed under section   5(6) of the Foreign Judgments Act 1991 .

  (3)   The application may be without notice.

Note:   Without notice is defined in the Dictionary.