Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p150
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 150/154)
Character Range: 572904–575530

relation to which Part 2 of the Foreign Judgments Act 1991 extends;
 (viii) if section 13 of the Foreign Judgments Act 1991 does not apply to the country of the original court—that that section does not so apply;
 (ix) if the judgment is a non‑money judgment—that the judgment is a non‑money judgment of a kind prescribed under section 5(6) of the Foreign Judgments Act 1991.
 (3) The application may be without notice.
Note: Without notice is defined in the Dictionary.

41.63  Further affidavit to be filed on day of hearing
  The applicant must on the day of the hearing file a further affidavit stating the following:
 (a) the causes of action to which the judgment relates;
 (b) that the judgment can be enforced in the country of the original court;
 (c) the rate of interest (if any) payable under the law of that country on any amount payable under the judgment;
 (d) if the judgment is a money judgment:
 (i) that the judgment has not been wholly satisfied; and
 (ii) if the judgment has been partly satisfied—the balance remaining payable on that day; and
 (iii) the interest (if any) that by the law of the country of the original court has become due under the judgment up to the time of registration; and
 (iv) if the amount payable under the judgment is expressed in a currency other than Australian currency and the application does not state that the judgment is to be registered in the currency in which it is expressed—that the judgment is to be registered for the equivalent amount in Australian currency, based on the rate of exchange prevailing on that day.
 (e) briefly but specifically, the grounds relied on for each statement made in the affidavit.

41.64  Registration
 (1) An order for the registration of a money judgment must be in accordance with Form 135.
 (2) An order for the registration of a non‑money judgment must be in accordance with Form 136.

41.65  Notice of registration
 (1) The applicant must serve a copy of the order for registration of a judgment under rule 41.64 on the party against whom the registered judgment is enforceable.
 (2) The applicant must attach to the copy of the order copies of the supporting affidavits.
 (3) The office copy of the order and a copy of each supporting affidavit must be served personally in accordance with these Rules unless some other mode of service is ordered by the Court.
 (4) The applicant must serve an affidavit of service before any step is taken to enforce the registered judgment.

41.66  Application to set aside registration of judgment or stay enforcement of judgment
 (1) A respondent may apply for an order:
 (a) setting aside