Document ID: chunk:federal_register_of_legislation:C2021C00487:section:72
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 72
Character Range: 82369–83570

72  Setting aside registration
 (1) An Australian court in which an NZ judgment is registered must, on application by a liable person under subsection (2), set aside the registration of the judgment if:
 (a) the court is satisfied that enforcement of the judgment would be contrary to public policy in Australia; or
 (b) the judgment was registered in contravention of this Act; or
 (c) both of the following subparagraphs apply:
 (i) the judgment was given in a proceeding the subject matter of which was immovable property, or was given in a proceeding in rem the subject matter of which was movable property;
 (ii) that property was, at the time of the proceeding in the original court or tribunal, not situated in New Zealand.
 (2) The liable person's application must be made within:
 (a) 30 working days of the Australian court after the day the liable person was given notice of registration under section 73; or
 (b) if, before or after that period, the liable person applies to the Australian court for a longer period—any longer period the Australian court considers appropriate.
 (3) The Australian court must not set aside the registration otherwise than in accordance with this section.