The circumstances in which an Australian judgment will be
enforceable in an overseas jurisdiction will vary depending on the
laws of the local country. Where Australia has a reciprocal
arrangement with the local country, then enforcement of the
Australian judgment will be more straightforward.
Generally, for an Australian judgment to be enforced overseas it
must:
- be for a fixed sum of money (it is usually not possible to
enforce Australian judgments for specific performance or an
injunction in another jurisdiction);
- not conflict with the domestic laws and domestic public policy
of the local country (for example, Australian awards of exemplary
damages may not be enforced in foreign jurisdictions);