Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p21
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 55466–58215

or can no longer be enforced in New Zealand; or

    (b) that the judgment has been wholly satisfied; or

    (c) that the judgment was not registrable under this  Division or was not properly registered; or

    (d) that the judgment has been reversed on appeal or otherwise set aside; or

    (e) that the judgment relates to a claim for relief for a contravention, or 2 or more contraventions, of section 36a of the Commerce Act 1986 of New Zealand (whether or not it also relates to other claims for relief) and the claim for relief for the contravention has been, or all of those contraventions have been, finally dismissed.

Stay of enforcement of registered judgment

"32z. (1) If the Federal Court is satisfied that a judgment debtor under a registered New Zealand judgment:

    (a) has applied, or intends to apply, to have the judgment set aside; or

    (b) has appealed, or intends to appeal, against the judgment;

the Federal Court may order that enforcement of the judgment in Australia be stayed pending the final determination of the application or appeal, until a specified day or for a specified period.

"(2) If the Federal Court makes an order on the ground:

    (a) that a person intends to apply to have a judgment set aside; or

    (b) that a person intends to appeal against a judgment;

the Federal Court must require the person, as a condition of the order, to make the application or bring the appeal by a specified day or within a specified period.

"(3) Every order is to be made on the condition that the judgment debtor pursues the application or appeal in an expeditious manner.

"(4) An order may be made on such other conditions, including conditions relating to giving security, as the Federal Court thinks fit.

New Zealand judgment not enforceable otherwise than under Division

"32za. A New Zealand judgment may not be enforced in Australia otherwise than under this Division.

Application of rules of private international law

"32zb. This Division has effect in relation to the execution and enforcement of judgments despite any rule of law relating to the jurisdiction of the courts of foreign countries or to public policy.

"Division 6—Miscellaneous

Jurisdiction of Federal Court under Part

"32zc. (1) Jurisdiction is conferred on the Federal Court in any matter arising under this Part.

"(2) Without limiting subsection (1), jurisdiction is conferred on the Federal Court to hear and determine prosecutions for offences against this Part.

"(3) The jurisdiction conferred on the Federal Court by this section is exclusive of the jurisdiction of any other court.

"(4) Without limiting subsection (3), prosecutions for offences against this Part may be brought only in the Federal Court.

"(5) This