Document ID: chunk:federal_register_of_legislation:C2021C00487:section:76
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 76
Character Range: 85963–87474

76  Stay of enforcement of registered NZ judgment so that the liable person can appeal it
 (1) An Australian court in which an NZ judgment has been registered may, on an application by a liable person under subsection (3), order that a proceeding in that court for enforcement of the judgment:
 (a) not be commenced until a specified time or event; or
 (b) be stayed for a specified period.
 (2) The order:
 (a) must be made subject to the following conditions:
 (i) that the liable person make an application to set aside, vary or appeal against the judgment to a New Zealand court or tribunal that has power to grant the application by the end of a period specified in the order;
 (ii) that the liable person prosecute that application expeditiously; and
 (b) may be made subject to any other conditions that the Australian court considers appropriate (including conditions as to the giving of security).
 (3) The liable person's application must be made within:
 (a) 30 working days of the Australian court after the day the liable person was given notice of the registration under section 73; or
 (b) if, before or after that period, the liable person applies to the Australian court for a longer period—any longer period the Australian court considers appropriate.
 (4) This section does not affect any other powers of the Australian court to stay the enforcement of the registered NZ judgment on any grounds on which the court could stay the enforcement of a judgment of an Australian court or tribunal.