A judgment made by a foreign court does not automatically operate in Australia. There are two different regimes for enforcing a foreign judgment in Australia: (1) under the Foreign Judgments Act 1991 (Cth), and (2) bringing an action under common law. Which of the two regimes applies depends upon which foreign court made the judgment.
The Foreign Judgments Act
Partner
Blake Dawson
The Foreign Judgments Act provides a streamlined method for registering and enforcing foreign judgments in Australia. The judgment creditor makes an application to the Federal Court of Australia or a Supreme Court of a state or territory. That court must register the judgment, subject to the exceptions discussed below.
The Foreign Judgments Act applies only to judgments made by specified foreign courts. The act applies to judgments of the Hong Kong Court of Final Appeal and the Hong Kong High Court (consisting of the Court of Appeal and the Court of First Instance). It does not currently apply to judgments from other courts of the People’s Republic of China.
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Michael Sheng is a partner in the Shanghai office and Alexandra Folie is a senior associate in the Melbourne office of Blake Dawson
Blake Dawson Shanghai office
Suites 3408-10
CITIC Square
1168 Nanjing Road West
Shanghai, 200041
Tel: 86 21 5100 1796
Fax: 86 21 5292 5161
E-mail:
michael.sheng@blakedawson.com
jeff.lynn@blakedawson.com
