Document ID: chunk:federal_register_of_legislation:C2024C00544:section:10
Version: federal_register_of_legislation:C2024C00544
Segment Type: section
Provision Reference: s 10
Character Range: 17888–19508

10  Protection from enforcement of judgements and orders
 (1) An act cannot be done in relation to the object to enforce a judgement or order of a federal court or a court of a State, Territory or foreign country that:
 (a) is a judgement or order in personam against a protected person for the object; or
 (b) is a judgement or order in rem relating to the object.

Exception for some foreign judgements and awards
 (2) Subsection (1) does not prevent an act from being done:
 (a) under Part 2 of the Foreign Judgments Act 1991 to enforce a judgement of:
 (i) a superior court of a country in relation to which that Part extends; or
 (ii) an inferior court to which that Part extends; or
 (b) under Part 7 of the Trans‑Tasman Proceedings Act 2010 to enforce a judgement of a court of New Zealand; or
 (c) under Part II of the International Arbitration Act 1974.

Exception for judgements and orders favouring protected persons
 (3) Subsection (1) does not prevent an act from being done to enforce a judgement or order in favour of a protected person for the object, unless:
 (a) that person is a protected person for the object because of a particular paragraph of the definition of protected person in section 5; and
 (b) the judgement or order is against a person who is a protected person for the object because of an earlier paragraph of that definition.

Exception for certain other judgements and orders
 (4) Subsection (1) does not apply to:
 (a) an order made under the Proceeds of Crime Act 2002; or
 (b) a judgement or order made in proceedings prescribed by regulation for the purposes of this subsection.