Document ID: chunk:federal_register_of_legislation:F1997B02095:body:0:p2
Version: federal_register_of_legislation:F1997B02095
Segment Type: other
Provision Reference: 
Character Range: 2700–5428

Court.
(2) Subject to these Regulations, a Supreme Court of a State or Territory shall, on an application under this regulation, order the judgment to be registered.
(3) A judgment shall not be registered unless—
      (a) the judgment was given by a court having jurisdiction of the kind referred to in Article IX of the Convention;
      (b) the judgment was given in respect of an incident that occurred after Australia and the country in which the original court is situated became Contracting States;
      (c) the judgment is enforceable by execution in the country in which the original court is situated; and
      (d) the judgment is no longer subject to ordinary forms of review under the law of the country in which the original court is situated.

Sum for which judgment may be registered
5. The sum in respect of which a judgment may be registered under these Regulations is the aggregate of—
      (a) the whole sum payable under the judgment of the original court, or, if the judgment has been partly satisfied, the balance remaining payable under the judgment at the date of the application for registration, including—
          (i) the costs (if any) awarded to the judgment creditor; and

          (ii) interest (if any) that, by the law of the country in which the original court is situated, becomes due under the judgment up to the time of registration; and
      (b) the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.

Judgment sum to be expressed in Australian currency
6. Where the sum payable under a judgment is expressed in a currency other than Australian currency, the judgment shall be registered for the amount that that sum represents in Australian currency calculated at the official rate of exchange determined by the Reserve Bank of Australia at the date of the judgment of the original court.

Judgment in respect of pollution damage and other matters
7. Where, on an application for the registration of a judgment, it appears to the Court that the proceedings in respect of which the judgment was given were proceedings for compensation for pollution damage and for other matters, the judgment may be registered in respect of provisions contained in it that relate to compensation for pollution damage but not in respect of provisions contained in it that relate to other matters.

Evidence in support of application to register judgment
8. (1) An application for registration shall be supported by an affidavit—
      (a) having annexed to it a certified copy of the judgment of the original court authenticated by the seal of that court and, if the judgment is not in the English language, a