Commonwealth Numbered Acts

FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 No. 3 of 1984 - SECT 9

Division 3 - Enforceability of Judgments Given in Foreign Antitrust
Proceedings
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 sub-section 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 instrument in writing declare that he
        is satisfied as mentioned in sub-paragraph (b) (i) or (ii) in relation
        to the judgment; or

   (d)  in the case of a judgment for a specified amount of money - by
        instrument in writing declare that he is satisfied as mentioned in
        sub-paragraph (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 sub-section (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 sub-section
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.