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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 64 Guide to this Part

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 64

Guide to this Part

This Part   is about the enforcement in Australia of specified judgments of New Zealand courts and tribunals.

To be enforceable , the judgment has to be registered in an Australian court. To be registered, the judgment must be a registrable NZ judgment (which is defined in section   66) and an application for its registration must be made .

Once registered in an Australian court , the judgment has the same force, and may be enforced in the Australian court, as if the judgment had been given by the Australian court. There are some exceptions to this--see , for example :

(a)   subsection   74(2) (which provides that the judgment cannot be enforced during a particular period if notice of the registration has not been given to each liable person); and

(b)   section   75 (which provides that the judgment cannot be enforced if the judgment could not be enforced in New Zealand ) ; and

(c)   section   76 (which provides grounds for when the Australian court may stay a proceeding to enforce the judgment).