FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 9 Enforceability of judgments given in foreign antitrust proceedings

FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 9

  (1)   Where:

  (a)   a foreign court has, in antitrust proceedings to which this Part applies, given a judgment; and

  (b)   the Attorney - General is satisfied that:

  (i)   the making of an instrument under this subsection in relation to the judgment is desirable for the protection of the national interest; or

  (ii)   the assumption of jurisdiction or the manner of exercise of jurisdiction by the foreign court, or the exercise of a power or the manner of exercise of a power by the foreign court, was contrary to international law or inconsistent with international comity or international practice;

the Attorney - General may:

  (c)   in the case of any judgment-- by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph   ( b)(i) or (ii) in relation to the judgment; or

  (d)   in the case of a judgment for a specified amount of money-- by legislative instrument, declare that he or she is satisfied as mentioned in subparagraph   ( b)(i) or (ii) in relation to the judgment, and specify in the instrument an amount of money, being an amount that is less than the amount of the judgment, for the purposes of paragraph   ( 2)(b).

  (2)   While an instrument made by the Attorney - General under subsection   ( 1) in relation to a judgment is in force:

  (a)   where the Attorney - General has not, in the instrument, specified an amount of money for the purposes of paragraph   ( b)--the judgment shall not be recognized and is not enforceable in Australia ; or

  (b)   where the Attorney - General has, in the instrument, specified an amount of money for the purposes of this paragraph--the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment, and not otherwise.

  (3)   Nothing in this section enables a judgment to be recognized or enforced in Australia if, apart from this Act, the judgment would not be able to be recognized or enforced in Australia .

  (4)   Where:

  (a)   there is in force an instrument, made by the Attorney - General under paragraph   ( 1)(d) in relation to a judgment, specifying an amount of money for the purposes of paragraph   ( 2)(b); and

  (b)   by virtue of paragraph   ( 2)(b), the judgment may be recognized or enforced in Australia as if the amount specified in the instrument were substituted for the amount of the judgment;

any amounts recovered (whether before or after the making of the instrument) pursuant to the judgment in a country other than Australia shall, for the purposes of the recognition or enforcement of that judgment in Australia but for no other purposes, be taken to have been recovered pursuant to the judgment in Australia.

  (5)   Where:

  (a)   a foreign court has, in antitrust proceedings to which this Part applies, given a judgment against 2 or more defendants; and

  (b)   there is in force an instrument, made by the Attorney - General under paragraph   ( 1)(d) in relation to the judgment, specifying an amount of money for the purposes of paragraph   ( 2)(b) (in this subsection referred to as the specified amount );

paragraph   ( 2)(b) has effect, in relation to each defendant, as if the Attorney - General had, in the instrument, specified for the purposes of paragraph   ( 2)(b) an amount ascertained by dividing the specified amount by the number of defendants against whom the judgment was given.