TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 74 Effect of regist ration and noti ce of registration

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 74

  (1 )   A registered NZ judgment :

  (a)   has the same force and effect; and

  (b)   may give rise to the same proceedings for enforcement;

as if the judgment had been given by the Australian court in which it is registered.

Note:   A n N Z judgment can be enforced in Australia as soon as it is registered and notification of it is given. The entitled person does not need to wait until the expiry of the period in which the liable person could make an application to set aside the registration or to stay enforcement of the judgment under section   72 or 76 . Nor does the entitled person need to wait until such an application is finally determined.

  (2 )   However, if notice of the registration of the judgment has not been given to every liable person under section   73 , then subsection   ( 1 ) does not apply during the period that is 45 working days of the Australian court after the day of registration.

  (3 )   Subsection   ( 1 ) is subject to:

  (a)   section   75 (which deals with restrictions on the enforceability of registered NZ judgments); and

  (b)   an order of the Australian court staying the enforcement of the judgment (whether the order is made under section   76 or otherwise) ; and

  (c )   section   78 (which deals with interest on registered NZ judgments).