Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p20
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 53053–55704

judgment could not be enforced in New Zealand.

"(4) Subject to sections 32x, 32y and 32z:

    (a) a registered judgment is, for the purposes of enforcement, of the same force and effect; and

    (b) proceedings may be brought on the judgment; and

    (c) the amount (if any) for which the judgment is registered carries interest; and

    (d) the Federal Court has the same control over the enforcement in Australia of the judgment;

as if the judgment had been a judgment originally made or given by the Federal Court acting within its jurisdiction and entered on the day of registration.

"(5) If the amount payable under a New Zealand judgment that is to be registered is expressed in New Zealand currency, the judgment is to be registered as if it were a judgment for such an amount in Australian currency as, on the basis of the exchange rate prevailing on the day of the judgment, is equivalent to the amount payable under the judgment.

"(6) If, on the day of application for registration of a New Zealand judgment under which an amount is payable, the judgment has been partly satisfied, the judgment must not be registered for the whole amount payable under the judgment, but only for the balance remaining payable on that day.

"(7) In addition to any amount payable under a New Zealand judgment (including any interest that under New Zealand law is due under the judgment up to the time of registration), the judgment is to be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the High Court of New Zealand.

Variation of registered judgment

"32x. (1) Every judgment of the High Court of New Zealand that varies a registered New Zealand judgment must be registered in the Federal Court and, on registration, this Division applies to the judgment as varied.

"(2) A registered New Zealand judgment that has been varied by a judgment of the High Court of New Zealand may not be executed, and proceedings may not be taken to enforce such a registered judgment, without the leave of the Federal Court until the varying judgment is registered in the Federal Court.

Cases in which registration must be set aside

"32y. The Federal Court must set aside the registration of a judgment, on the application of the judgment debtor, if the Federal Court is satisfied:

    (a) that the judgment has been discharged or can no longer be enforced in New Zealand; or

    (b) that the judgment has been wholly satisfied; or

    (c) that the judgment was not registrable under this  Division or was not properly registered; or

    (d) that the judgment has