Document ID: chunk:federal_register_of_legislation:F2009C01024:body:0:p6
Version: federal_register_of_legislation:F2009C01024
Segment Type: other
Provision Reference: 
Character Range: 11988–14583

the rights under the judgment are not vested in the person by whom the application for registration was made; or
 (b) the person against whom the judgment was registered is not the person subject to the obligations under the judgment; or
 (c) at the date of the application for registration of the judgment, the sum for which the judgment was registered had been paid in whole or in part; or
 (d) the judgment was obtained by fraud; or
 (e) the judgment debtor, being the defendant in the proceedings in the original court, was not given reasonable notice of those proceedings or a fair opportunity to defend the proceedings; or
 (f) before the date of the judgment in the original court, the matter in dispute in the proceedings in that court had been the subject of a judgment of an Australian court exercising jurisdiction in the matter; or
 (g) before the date of the judgment in the original court, the matter in dispute in the proceedings in that court had been the subject of a judgment of a court (except an Australian court) exercising jurisdiction in the matter, being a judgment that:
 (i) could be registered; and
 (ii) if it were registered — would not be liable to be set aside; or
 (h) the judgment was registered in contravention of these regulations.
17 Power of Court to set aside registered judgment
 (1) If, on application to set aside the registration of a judgment, it appears to the Court that registration of the judgment may be set aside only because at the date of application for registration:
 (a) the judgment was not enforceable in the country in which the original court is situated; or
 (b) the judgment was subject to an ordinary form of review under the law of the country in which the original court is situated;
the Court may, instead of setting aside the registration of the judgment, order a stay of execution on the judgment on such terms as it thinks just.
 (2) If the registration of a judgment is set aside only because part of the sum in respect of which the judgment was registered had, at the date of the application for registration of the judgment, been paid, the Court must, on the application of the judgment creditor, order the judgment to be registered for the balance remaining payable at the date of the last‑mentioned application.
 (3) If the registration of a judgment is set aside only because the judgment was registered in respect of proceedings for compensation for pollution damage and for other matters, the Court must, on the application of the judgment creditor, order the judgment to be registered only in respect of the provisions