Document ID: chunk:federal_register_of_legislation:F2009C01024:body:0:p2
Version: federal_register_of_legislation:F2009C01024
Segment Type: other
Provision Reference: 
Character Range: 2560–5152

the rights under a judgment are vested by succession, assignment or otherwise.
judgment debtor:
 (a) means the person against whom a judgment was given; and
 (b) includes a person against whom a judgment is enforceable under the law of the country in which the original court is situated.
original court, in relation to a judgment, means the court by which the judgment is given.
registered means registered under Part 2.
 (2) Unless the contrary intention appears, an expression used in these regulations and in the 1992 Convention has the same meaning in these regulations, as they relate to the 1992 Convention, as in the 1992 Convention.
Note   Words and expressions used in these regulations that are defined in the Act have the same meaning in these regulations as they have in the Act (see Acts Interpretation Act 1901, s. 46 (1) (a)). For example, section 3 of the Act contains definitions of the 1992 Convention and the 1992 Fund.

Part 2 Registration of foreign judgments

4 Jurisdiction of Courts
  For the purposes of section 34 of the Act:
 (a) the Supreme Court of each State is invested with federal jurisdiction; and
 (b) federal jurisdiction is conferred on the Supreme Court of each internal Territory; and
 (c) the Federal Court of Australia is invested with jurisdiction.
5 Court fees
  For the purposes of section 34 of the Act, the fees to be paid to a Court in respect of a matter under this Part are the fees prescribed in relation to the matter in the Rules of the Court.
6 Application for registration of foreign judgment
 (1) A judgment creditor may apply to a Court to have the judgment registered in the Court.
 (2) Subject to these regulations, on written application, a Court must order the judgment to be registered.
 (3) A judgment must not be registered unless it:
 (a) was given by a court having jurisdiction of the kind referred to in Article 7 of the 1992 Convention; and
 (b) was given in respect of an incident that occurred after Australia and the country in which the original court is situated became countries to which the 1992 Fund applies; and
 (c) is enforceable by execution in the country in which the original court is situated; and
 (d) is no longer subject to ordinary forms of review under the law of the country in which the original court is situated.
7 Sum for which judgment may be registered
  The amount for which a judgment may be registered is the total of:
 (a) the whole amount payable under the judgment of the original court, or, if the judgment has been partly satisfied, the balance payable under the judgment at the date of