Document ID: chunk:federal_register_of_legislation:F2009C01024:body:0:p4
Version: federal_register_of_legislation:F2009C01024
Segment Type: other
Provision Reference: 
Character Range: 7335–9901

to be, set aside; and
 (iv) that the judgment of the original court is no longer subject to ordinary forms of review under the law of the country in which the original court is situated; and
 (v) that the judgment was given by a court having jurisdiction of the kind referred to in Article 7 of the 1992 Convention; and
 (vi) that the judgment 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) that specifies the rate at which interest (if any) accrues on the judgment under the law of the country in which the original court is situated.
 (2) The affidavit must set out the matters relied on by the applicant as evidence of the matters referred to in paragraphs (1) (b) (v) and (vi).
 (3) If the sum payable under the judgment of the original court is expressed in currency other than Australian currency, the affidavit must state the amount that that sum represents in Australian currency calculated at the official rate of exchange determined by the Reserve Bank of Australia as at the date of that judgment.
 (4) If the judgment has been given in respect of proceedings for compensation for pollution damage and of other matters, the affidavit must identify the provisions of the judgment:
 (a) that relate to compensation for pollution damage; and
 (b) for which registration is sought.
11 Security for costs
  The Court may order a judgment creditor who applies for registration of the judgment to give security for the costs of the application and of any proceedings that may be brought to set aside the registration of the judgment.
12 Order on application for registration of judgment
 (1) If an order is made for registration of a judgment the Court must fix a period that appears to the Court to be appropriate in the circumstances to enable an application to be made to set aside the registration of the judgment.
 (2) The order for registration of a judgment must:
 (a) specify the period fixed by the Court under subregulation (1); and
 (b) include a statement to the effect that the judgment will not be given effect until the end of the period stated in the order.
 (3) At any time until a party can no longer apply to have registration of a judgment set aside, the Court may grant an extension of the period during which an application to have the registration set aside may be made.
13 Notice to judgment debtor of registration of judgment
 (1) Notice in writing of the registration of a judgment of the original court