Document ID: chunk:federal_register_of_legislation:C2022C00084:section:6:p1
Version: federal_register_of_legislation:C2022C00084
Segment Type: section
Provision Reference: s 6 (pt 1/3)
Character Range: 12376–14923

6  Application for, and effect of, registration of foreign judgments
 (1) A judgment creditor under a judgment to which this Part applies may apply to the appropriate court at any time within 6 years after:
 (a) the date of the judgment; or
 (b) where there have been proceedings by way of appeal against the judgment, the date of the last judgment in those proceedings;
to have the judgment registered in the court.
Note: For the registration of a foreign judgment against a foreign State, or a separate entity of a foreign State, see the Foreign States Immunities Act 1985.
 (2) For the purposes of subsection (1), the appropriate court is:
 (a) if the judgment is a money judgment and was given in proceedings in which a matter for determination arises under the Commerce Act 1986 of New Zealand (other than proceedings in which a matter for determination arises under section 36A, 98H or 99A of that Act)—the Federal Court of Australia or the Supreme Court of a State or Territory; or
 (b) if the judgment is not a money judgment and was given in such proceedings—the Federal Court of Australia; or
 (c) in any other case—the Supreme Court of a State or Territory.
 (3) Subject to this Act and to proof of the matters prescribed by the applicable Rules of Court, if an application is made under this section, the Supreme Court of a State or Territory or the Federal Court of Australia is to order the judgment to be registered.
 (4) The court's order must state the period within which an application may be made under section 7 to have the registration of the judgment set aside.
 (5) The court may, by order, extend the period within which such an application may be made.
 (6) A judgment is not to be registered if at the date of the application:
 (a) it has been wholly satisfied; or
 (b) it could not be enforced in the country of the original court.
 (7) Subject to sections 7 and 14:
 (a) a registered judgment has, for the purposes of enforcement, the same force and effect; and
 (b) proceedings may be taken on a registered judgment; and
 (c) the amount for which a judgment is registered carries interest; and
 (d) the registering court has the same control over the enforcement of a registered judgment;
as if the judgment had been originally given in the court in which it is registered and entered on the date of registration.
 (8) A judgment registered under this section in the Supreme Court of a State or Territory is registrable in the Supreme Court of any other State or Territory under Part 6 of the Service and Execution of