Commonwealth Consolidated Acts

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FOREIGN JUDGMENTS ACT 1991 - SECT 11

Judgments to which Part 2 does not apply

                   For the purposes of proceedings brought in Australia for the recovery of an amount payable under a judgment given in an action in personam by a court of a country, not being a judgment to which Part 2 applies, the court is not taken to have had jurisdiction to give the judgment merely because the judgment debtor:

                     (a)  entered an appearance in proceedings in the court; or

                     (b)  participated in proceedings in the court only to such extent as was necessary;

for the purpose only of one or more of the following:

                     (c)  protecting, or obtaining the release of:

                              (i)  property seized or threatened with seizure, in the proceedings; or

                             (ii)  property subject to an order restraining its disposition or disposal;

                     (d)  contesting the jurisdiction of the court;

                     (e)  inviting the court in its discretion not to exercise its jurisdiction in the proceedings.



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