FOREIGN JUDGMENTS ACT 1991

This compilation was prepared on 25 October 1999
taking into account amendments up to Act No. 125 of 1999

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary 1

1............ Short title see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ...................................................................................... 1

4............ External Territories ............................................................................. 4

Part 2—Reciprocal enforcement of judgments 5

5............ Application of this Part on the basis of reciprocity of treatment ...... 5

6............ Application for, and effect of, registration of foreign judgments ....... 7

7............ Setting aside a registered judgment ................................................... 10

8............ Stay of enforcement of a registered judgment ................................... 13

9............ Re‑registration of certain registered judgments which have been set aside 14

10.......... Registrable judgments not to be otherwise enforceable .................... 14

Part 3—Miscellaneous 15

11.......... Judgments to which Part 2 does not apply ...................................... 15

12.......... General effect of certain judgments .................................................. 15

13.......... Money judgments unenforceable if no reciprocity ........................... 16

14.......... Registered judgments cease to be enforceable in certain circumstances 16

15.......... Issue of certificates of judgments obtained in Australian courts ...... 17

16.......... Regulations ....................................................................................... 17

17.......... Rules of Court .................................................................................. 17

Part 4—Transitional provisions 19

18.......... Registration of judgments recognised under State or Territory law . 19

19.......... Enforcement of judgments registered under State or Territory law after commencement of this Act 19

20.......... Rules of Court ................................................................................. 19

Part 5—Amendments of other Acts 21

Sections 21, 22 ................................................................................................. 21

Notes 23

An Act relating to the enforcement of foreign judgments in the Commonwealth, and for related purposes

Notes to the Foreign Judgments Act 1991

Note 1

The Foreign Judgments Act 1991 as shown in this compilation comprises Act No. 112, 1991 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Foreign Judgments Act 1991	112, 1991	27 June 1991	S. 21: 27 Oct 1991 Remainder: Royal Assent
Service and Execution of Process (Transitional Provisions and Consequential Amendments) Act 1992	166, 1992	11 Dec 1992	10 Apr 1993 (see s. 2 and Gazette 1993, No. GN13)	—
Law and Justice Legislation Amendment Act 1997	34, 1997	17 Apr 1997	Schedule 9: Royal Assent (a)	—
as amended by
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Schedule 12: 17 Apr 1997 (b)	—

(a) The Foreign Judgments Act 1991 was amended by Schedule 9 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b) The Law and Justice Legislation Amendment Act 1997 was amended by Schedule 12 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(6) of which provides as follows:

(6) Schedule 12 is taken to have commenced on 17 April 1997, immediately after the commencement of Schedule 9 to the Law and Justice Legislation Amendment Act 1997.

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 6......................................	am. No. 166, 1992; No. 34, 1997 (as am. by No. 125, 1999)
S. 7......................................	am. No. 166, 1992

Commonwealth Consolidated Acts

FOREIGN JUDGMENTS ACT 1991 - NOTES