Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p151
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 151/154)
Character Range: 575284–578006

must serve an affidavit of service before any step is taken to enforce the registered judgment.

41.66  Application to set aside registration of judgment or stay enforcement of judgment
 (1) A respondent may apply for an order:
 (a) setting aside the registration of the judgment; or
 (b) staying enforcement of the judgment.
 (2) An application under subrule (1) must be made within 14 days after the date the respondent was served with a copy of the order for registration of the judgment.
 (3) The application must:
 (a) be made by interlocutory application in the proceeding in which the judgment was registered; and
 (b) be accompanied by an affidavit stating:
 (i) the grounds on which the registration of the judgment should be set aside or stayed; and
 (ii) the material facts relied on in support of the application.

41.67  Application to set aside registered foreign judgment
 (1) A party may apply for an order:
 (a) that a judgment registered under this Division be set aside; and
 (b) for directions for the hearing and determination of any issue arising on the application.
 (2) On an application to have the registration of a judgment set aside, the Court may make such directions as may be necessary for the hearing and determination of any issue arising in the application.

41.68  Security for costs
  A party may apply to the Court for an order that an applicant seeking to have a judgment registered under rule 41.62 give security for costs of:
 (a) the application; and
 (b) any application to set aside the registration of the judgment.

41.69  Record of registered judgments
  A Registrar must maintain a record of the following particulars of each registered judgment:
 (a) the details of the judgment of the original court;
 (b) the date of the order that the judgment be registered;
 (c) in relation to the judgment creditor—the full name and address of the judgment creditor or the name and address of the judgment creditor's lawyer or agent on whom a document can be served;
 (d) in relation to the party against whom the judgment is enforceable—the full name, occupation and last‑known address of the party;
 (e) if the judgment is a money judgment:
 (i) the sum expressed in the currency in which the judgment is registered; and
 (ii) the interest (if any) due under the judgment up to the time of registration; and
 (iii) the rate at which the registered judgment carries interest;
 (f) if the judgment is a non‑money judgment—the terms of the judgment;
 (g) the costs of, and incidental to, the registration that are included in the registered judgment;
 (h) the particulars of any enforcement or proceeding in relation to the registered judgment.

Chapter 6—Disciplinary

Part 42—Contempt