Document ID: chunk:federal_register_of_legislation:F1997B02095:body:0:p6
Version: federal_register_of_legislation:F1997B02095
Segment Type: other
Provision Reference: 
Character Range: 12483–15155

to be set aside; or
      (j) the judgment was registered in contravention of these Regulations.

Powers of Court on application to set aside registration
15. (1) If, on an application to set aside the registration of a judgment, it appears to the Court that registration of the judgment may be set aside solely on the ground that at the date of the application for registration—
      (a) the judgment was not enforceable by execution in the country in which the original court is situated; or
      (b) the judgment was subject to review, being an ordinary form of review under the law of the country in which the original court is situated,
the Court, if it thinks fit, 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) Where the registration of a judgment is set aside solely 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 shall, 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) Where the registration of a judgment is set aside solely on the ground that the judgment was registered in respect of proceedings for compensation for pollution damage and for other matters, the Court shall, on the application of the judgment creditor, order the judgment to be registered only in respect of the provisions contained in it that relate to compensation for pollution damage.

Further application for registration
16. The setting aside of the registration of a judgment under these Regulations does not prejudice a further application to register the judgment unless the Court orders otherwise.

Judgment not to be enforceable except by registration
17. No proceedings for the recovery of a sum payable under a judgment, other than proceedings by way of registration of the judgment, shall be entertained by a court having jurisdiction in a State or Territory.

Issue of certificates of judgments obtained under the Act in a State or Territory
18. Where a judgment has been entered in a Court referred to in section 9 of the Act in respect of a claim for compensation under the applied provisions of the Convention and the person in whose favor such judgment has been entered desires to enforce the judgment in a country to which the Civil Liability Convention applies, the Registrar or chief officer of the Court shall, on application by that person, issue under the seal of the Court—
      (a) a certified copy of the judgment in the proceedings;