Document ID: chunk:federal_register_of_legislation:C2016C01084:section:10:p1
Version: federal_register_of_legislation:C2016C01084
Segment Type: section
Provision Reference: s 10 (pt 1/3)
Character Range: 19396–22170

10  Defendant in antitrust proceedings may recover against person who has enforced judgment
 (1) Subject to subsection (3), where:
 (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(c) in relation to a foreign judgment; and
 (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment;
then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the amount mentioned in paragraph (b), the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to the amount recovered pursuant to the foreign judgment as mentioned in paragraph (b).
 (2) Subject to subsection (3), where:
 (a) there is in force an instrument made by the Attorney‑General under paragraph 9(1)(d) in relation to a foreign judgment specifying an amount of money for the purposes of paragraph 9(2)(b) (in this subsection referred to as the recoverable amount);
 (b) the plaintiff or any other person has (whether before or after the making of the instrument referred to in paragraph (a)) recovered from a defendant, in Australia or in any other country, an amount pursuant to that foreign judgment (in this subsection referred to as the relevant amount );
 (c) in a case where, before the recovery of the relevant amount, neither the plaintiff nor any other person had recovered any amount from the defendant pursuant to that foreign judgment in Australia or in any other country—the relevant amount exceeds the recoverable amount; and
 (d) in a case to which paragraph (c) does not apply:
 (i) the amount recovered, or the sum of the amounts recovered, (whether by the plaintiff or by any other person) from the defendant in Australia or in any other country or countries pursuant to that foreign judgment before the recovery of the relevant amount exceeds, or is equal to, the recoverable amount; or
 (ii) subparagraph (i) does not apply but the sum of the relevant amount and the amount or amounts recovered as mentioned in that subparagraph exceeds the recoverable amount;
then (whether or not any liability has arisen previously under this subsection in relation to that foreign judgment) the plaintiff is liable, or, where another person has recovered the relevant amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:
 (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;
 (f) where subparagraph (d)(i)