Document ID: chunk:federal_register_of_legislation:F1997B02095:body:0:p5
Version: federal_register_of_legislation:F1997B02095
Segment Type: other
Provision Reference: 
Character Range: 10066–12723

in the same manner as a judgment of the Court in which it is registered.

Execution not to issue before period allowed to set aside judgment
13. Execution shall not issue on a registered judgment until—
      (a) the expiration of the period fixed by the Court for making an application to set aside the judgment;
      (b) the expiration of such further period as may be ordered by the Court; or
      (c) where an application to set aside the judgment is made during the period referred to in paragraph (a) or (b)—after the application has been finally determined.

Procedure to have a registered judgment set aside
14. (1) A person against whom a registered judgment may be enforced may apply to the Court in which the judgment was registered to have the registration of the judgment set aside.
(2) The Court may, on an application under this regulation, set aside registration of a judgment where—
      (a) the rights under the judgment are not vested in the person by whom the application for registration was made;
      (b) the person against whom the judgment was registered is not the person subject to the obligations under the judgment;
      (c) the sum in respect of which the judgment was registered, had, at the date of the application for registration of the judgment, been paid in whole or in part;

      (d) a fund of the kind referred to in paragraph 3 of Article V of the Convention has been constituted in respect of the liability of the judgment debtor and that fund is actually available in respect of the claim by the judgment creditor who has access to the court administering the fund;
      (e) the judgment was obtained by fraud;
      (f) the judgment debtor, being the defendant in the proceedings in the original court, was not given reasonable notice of those proceedings or a fair opportunity to defend the proceedings;
      (g) the matter in dispute in the proceedings in the original court had, before the date of the judgment in that court, been the subject of a judgment of an Australian court having jurisdiction in the matter;
      (h) the matter in dispute in the proceedings in the original court had, before the date of the judgment in that court, been the subject of a judgment of a court, other than an Australian court, having jurisdiction in the matter, being a judgment that is capable of registration under these Regulations and, if registered, would not be liable to be set aside; or
      (j) the judgment was registered in contravention of these Regulations.

Powers of Court on application to set aside registration
15. (1) If, on an application to set aside the registration of a judgment, it appears