Document ID: chunk:federal_register_of_legislation:F2009L03539:body:0:p7
Version: federal_register_of_legislation:F2009L03539
Segment Type: other
Provision Reference: 
Character Range: 14744–17332

order to set aside registered judgment

 (1) The judgment debtor for a registered judgment may apply, in writing, to a Court to set aside an order made under regulation 9.

 (2) Subject to subregulation (4), the application must be made before the end of the period specified in the order.

 (3) Before the end of the period specified in the order, the judgment debtor may, in writing, apply to the Court for an extension of the period.

 (4) If the Court grants the extension, an application under subregulation (1) must be made before the end of the extended period.

 (5) If an application is made under this regulation, the Court must determine the application.

18 Order on application to set aside registered judgment

 (1) The Court may set aside an order under regulation 9 if:
 (a) the rights under the judgment are not vested in the person who made the application for registration; or
 (b) the person against whom the judgment was ordered to be registered is not the person subject to the obligations under the judgment; or
 (c) at the date of the application to have the judgment registered in the Court:
 (i) the amount for which the judgment was registered had been paid in whole or in part; or
 (ii) the judgment was not enforceable under the law of the country in which the original court is situated; or
 (iii) the judgment was subject to an ordinary form of review under the law of the country in which the original court is situated; or
 (d) the order relates to supplementary compensation for pollution damage and other matters; or
 (e) the judgment was obtained by fraud; or
 (f) the judgment debtor for the judgment was not given reasonable notice of the proceedings, or a fair opportunity to defend the proceedings, in the original court; or
 (g) before the date of the judgment in the original court, the matter in dispute in the proceedings in the original court was the subject of a judgment of an Australian court exercising jurisdiction in the matter; or
 (h) the judgment was not registered in accordance with these Regulations.

 (2) The Court may also set aside an order made under regulation 9 if:
 (a) before the date of the judgment of the original court, the matter in dispute in the proceedings in the original court was the subject of a judgment of another court; and
 (b) the other court was not an Australian court.

19 Stay of execution of order for registered judgment

 (1) This regulation applies if:
 (a) a Court, under regulation 18, is dealing with an application to set aside an order made under regulation 9; and
 (b) the Court finds that