Enforcement of foreign judgments in Australia

In an increasingly globalised business environment, it is not uncommon for a company or individual to enter into transactions or hold assets in several jurisdictions around the world. If such a company or individual were to become a judgment debtor pursuant to a judgment issued in Jurisdiction X, the judgment creditor could seek to enforce that judgment in Jurisdiction Y if the judgment debtor holds assets in Jurisdiction Y and the laws in that jurisdiction provide for the recognition and enforcement of foreign judgments.

STATUTORY ENFORCEMENT

In Australia, a foreign judgment can be enforced by registering the judgment under Part 2 of the Foreign Judgments Act 1991 (Cth) (the Act). The key points under the Act are: