Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.62

Application for an order for registration of foreign judgment

             (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.



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