Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.72

Notice of registration of NZ judgment

         (1)   An applicant must not take any step to enforce a registered NZ judgment, in the period mentioned in section 74 (2) of the Trans-Tasman Proceedings Ac t, unless the applicant has filed an affidavit that states that notice of the registration of the NZ judgment has been given, in accordance with section 73 of the Trans-Tasman Proceedings Act and any regulations made under that Act.

         (2)   If a respondent against whom the registered judgment is enforceable is out of Australia, the documents mentioned in subrule (1) may be served without leave of the Court.

Note   Division 10.4 otherwise provides for service of documents outside Australia.

         (3)   An applicant must file an affidavit proving service of the documents in subrule (1) before any step is taken to enforce the registered judgment.

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