Document ID: chunk:federal_register_of_legislation:F2009L03539:body:0:p4
Version: federal_register_of_legislation:F2009L03539
Segment Type: other
Provision Reference: 
Character Range: 7664–10277

statement as to whether the judgment of the original court is no longer subject to ordinary forms of review under the law of the country in which the original court is situated;
 (e) a statement as to whether the judgment was given by a court having jurisdiction of the kind mentioned in Article 7 of the 2003 Protocol;
 (f) a statement as to whether the judgment of the original court was given for an incident that occurred after both Australia and the country in which the original court is situated became countries to which the 2003 Protocol applies;
 (g) a statement of the matters relied on by the judgment creditor as evidence of the matters mentioned in paragraphs (d) and (e);
 (h) a statement that specifies the rate at which interest (if any) accrues on the judgment under the law of the country in which the original court is situated;
 (i) if the judgment of the original court sets out the amount payable under the judgment in the currency of a foreign country — the equivalent amount to the amount payable under the judgment, calculated in Australian currency;
 (j) the rate of interest (if any) that is payable under the judgment under the law of the country in which the original court is situated;
 (k) if the judgment of the original court relates to supplementary compensation for pollution damage and other matters — the provisions of the judgment that relate to supplementary compensation for pollution damage.

 (4) If, under this regulation, an amount is to be calculated in Australian currency, the amount must be calculated using the exchange rate determined by the Reserve Bank of Australia for the date on which the judgment of the original court was made.

Division 2.4 Enforcement of judgment

9 Requirement to register judgment

 (1) A Court must make an order to register a judgment if:
 (a) the judgment was given by a court having jurisdiction of the kind mentioned in Article 7 of the 2003 Protocol; and
 (b) the judgment was given for an incident that occurred after both Australia and the country in which the original court is situated became countries to which the 2003 Protocol applies; and
 (c) the judgment is enforceable under the law of the country in which the original court is situated; and
 (d) the judgment is no longer subject to ordinary forms of review under the law of the country in which the original court is situated; and
 (e) the application is in accordance with regulations 7 and 8.

 (2) The order must:
 (a) state the effect of regulation 15; and
 (b) specify a period within which the judgment debtor for the judgment may make an application under