Document ID: chunk:federal_register_of_legislation:C2016C01084:section:12:p1
Version: federal_register_of_legislation:C2016C01084
Segment Type: section
Provision Reference: s 12 (pt 1/3)
Character Range: 31073–33765

12  Enforcement of judgments under reciprocal agreement
 (1) Where:
 (a) an agreement is in force between Australia and another country that makes provision for the enforcement in that other country of judgments obtained in proceedings in respect of certain causes of action arising under section 10, or in respect of all causes of action arising under that section, and also:
 (i) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to judgments for multiple damages within the meaning of subsection 3(3), whether or not that last‑mentioned provision corresponds to section 10; or
 (ii) makes provision for the enforcement in Australia of judgments obtained in proceedings in respect of causes of action arising under any provision of the law of that country that corresponds to section 10; and
 (b) a person has obtained a judgment in a proceeding instituted under a provision of the law of that other country referred to in subparagraph (a)(i) or (ii);
the Attorney‑General may, by legislative instrument, make an order declaring that the judgment referred to in paragraph (b), to the extent that it has not been satisfied when the order is made, may be enforced in Australia.
 (2) Where an order made under subsection (1) in relation to a judgment is in force, the judgment creditor may apply to the Court, at any time within 3 years after the date of the making of the order, to have the judgment registered in the Court.
 (3) Subject to subsection (4) and to the regulations, the Court shall, on an application under subsection (2) for the registration of a judgment, order the judgment to be registered.
 (4) A judgment shall not be registered under this section if, at the date of the application for registration of the judgment, the judgment has been wholly satisfied.
 (5) If, at the date of the application for registration of a judgment under this section, the judgment has been partly satisfied, the judgment shall not be registered in respect of the whole amount payable under the judgment but shall be registered only in respect of the balance remaining payable at that date.
 (6) Where a judgment is registered under this section, in addition to the amount payable under the judgment, the judgment shall be registered for the reasonable costs of and incidental to registration, including costs of obtaining a certified copy of the judgment from the court in which it was obtained.
 (7) Subject to subsection (8) and any order of the Court made for the purposes of subsection (11):
 (a) a judgment