Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p149
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 149/154)
Character Range: 570517–573125

review under rule 40.34, binding as between the Sheriff and the interested person.

41.56  Failure by lawyer to pay Sheriff's fees
  If a party's lawyer is liable to pay an amount of the Sheriff's fees, but fails to do so within 7 days after the amount has become binding as between the Sheriff and the lawyer, the Sheriff may apply to the Court for an order that the lawyer pay the amount to the Sheriff.
Rules 41.57 – 41.60 left blank

Division 41.6—Reciprocal enforcement of judgments under Foreign Judgments Act 1991

41.61  Interpretation for Division 41.6
  Unless the contrary intention appears, expressions used in this Division have, in relation to proceedings taken under the Foreign Judgments Act 1991, the same meaning in this Division as they have in that Act.

41.62  Application for an order for registration of foreign judgment
 (1) A party who wants to register a judgment under section 6(1) of the Foreign Judgments Act 1991 must file an originating application, in accordance with Form 134.
 (2) The originating application must be accompanied by:
 (a) a copy of the judgment certified by the original court, and if the judgment is not in the English language a translation of the judgment authenticated by an affidavit; and
 (b) an affidavit stating the following:
 (i) the full name, occupation and the usual or last‑known place of residence, or of business, of the parties;
 (ii) if section 6(1)(b) of the Foreign Judgments Act 1991 is relied on—the date of the last judgment in proceedings by way of appeal;
 (iii) that the judgment was given in a proceeding in which a matter for determination arose under the Commerce Act 1986 (New Zealand), other than a proceeding or a part of a proceeding in which a matter for determination arose under section 36A, 98H or 99A of that Act;
 (iv) that Part 2 of the Foreign Judgments Act 1991 applies to the judgment;
 (v) that if the judgment were registered the registration would not be, or be liable to be, set aside under section 7 of the Foreign Judgments Act 1991;
 (vi) the amount of costs of, and incidental to, the registration sought to be included in the registered judgment;
 (vii) if the judgment is a money judgment—that judgment was given in a superior court of a country in relation to which Part 2 of the Foreign Judgments Act 1991 extends, or an inferior court of such a country, being an inferior court in relation to which Part 2 of the Foreign Judgments Act 1991 extends;
 (viii) if section 13 of the Foreign Judgments Act 1991 does not apply to the country of the original court—that that section does not so apply;
 (ix) if