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ARTICLE · 24 AUGUST 2020

Enforcement of Australian judgments overseas

The circumstances in which an Australian judgment is enforceable overseas varies as it depend on the laws of the local country.

AustraliaInternational Law

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:

  1. 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);
  2. 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);

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