Document ID: chunk:federal_register_of_legislation:C2016C01084:section:12:p2
Version: federal_register_of_legislation:C2016C01084
Segment Type: section
Provision Reference: s 12 (pt 2/3)
Character Range: 33533–36089

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 registered under this section is, for the purposes of execution, of the same force and effect;
 (b) proceedings may be taken on such a judgment; and
 (c) the sum for which such a judgment is registered carries interest;
as if the judgment were a final judgment originally given in the Court and entered on the date of registration.
 (8) Execution shall not issue on a judgment registered under this section so long as, under this section and any Rules of Court, it is competent for any person to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.
 (9) On an application in that behalf duly made to the Court by a person against whom a judgment registered under this section may be enforced, the registration of the judgment shall be set aside if the Court is satisfied that the judgment:
 (a) is not a judgment in respect of which an order made under subsection (1) is in force;
 (b) was registered in contravention of this section;
 (c) has been reversed on appeal or otherwise set aside in the country in which the judgment was obtained; or
 (d) has, since registration, been wholly satisfied in Australia or in any other country.
 (9A) The power of the Federal Court of Australia to make Rules of Court extends to making rules in relation to:
 (a) the fixing of a period within which an application may be made to have the registration of a judgment set aside; and
 (b) the extension of such a period.
 (10) If, on an application under subsection (9) in relation to a judgment, the judgment is found to have been partly satisfied in Australia or any other country, the amount for which it is registered in the Court shall be reduced by the amount by which it has been partially satisfied.
 (11) If, on an application under subsection (9), the Court is satisfied either that an appeal is pending, or that a person is entitled and intends to appeal, against the judgment in the country in which it was obtained, the Court, if it thinks fit, may, on such terms as it thinks just, including terms relating to the suspension of the execution of the judgment, adjourn the application until after the expiration of such period as appears to the Court to be reasonably sufficient to enable the applicant to take