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ARTICLE · 02 SEPTEMBER 2014

Enforcing a foreign judgment in Australia when the judgment is not registrable under the Foreign Judgments Act 1991

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Enforcing a foreign judgment in Australia depends on the type of judgment and the country where the judgment is obtained.

AustraliaInternational Law
Graham Roberts
Graham Roberts
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Whether your foreign judgment can be enforced in Australia will depend on the type of judgment and the country where the judgment is obtained.

The Foreign Judgments Act 1991 (Cth) (FJA) enables foreign judgments from prescribed courts in specified countries to be registered under the FJA in Australia.

If the foreign judgment is not registrable under the FJA, there may be a bilateral treaty that allows the judgment to be enforced.

For example, Australia is a party to the treaty for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters 1994 with the United Kingdom and to the Trans-Tasman Proceedings Act 2010 with New Zealand.

Australia is not a party to the Hague Convention on Recognition of Foreign Judgments in Civil and Commercial Matters 1971.

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