E-Alert: Enforcement of foreign judgments in Australia

With increased uncertainty in a coronavirus world, it has never been more important for international creditors to be aware of the most effective way to enforce their foreign judgments in Australia against Australian debtors.

In this article, we set out the basics of Australia's judicial system,¹ and the applicable enabling legislation for recognising and enforcing foreign judgments in Australia. The article also outlines the general limitations of enforcing foreign judgments in Australia before considering the grounds to set aside or challenge the enforcement of foreign judgments.

Enabling legislation to recognise foreign judgments in Australia

Unlike many other countries, Australia is not party to any multilateral treaties concerning the recognition of, or enforcement of, foreign judgments including the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 1971 or the Hague Convention on the Recognition and