Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.66

Application to set aside registration of judgment or stay enforcement of judgment

             (1)  A respondent may apply for an order:

                     (a)  setting aside the registration of the judgment; or

                     (b)  staying enforcement of the judgment.

             (2)  An application under subrule (1) must be made within 14 days after the date the respondent was served with a copy of the order for registration of the judgment.

             (3)  The application must:

                     (a)  be made by interlocutory application in the proceeding in which the judgment was registered; and

                     (b)  be accompanied by an affidavit stating:

                              (i)  the grounds on which the registration of the judgment should be set aside or stayed; and

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



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