New South Wales Repealed Acts

This legislation has been repealed.

FOREIGN JUDGMENTS ACT 1973 - SECT 18

18 Certain judgments not enforceable at common law etc

(1) For the purposes of proceedings brought in the State for the recovery of a sum payable under a judgment given in an action in personam by a court of a Commonwealth country (other than Australia) or a foreign country, not being a judgment to which Part 2 applies, the court shall be deemed not to have had jurisdiction to give the judgment by reason only that 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 reasonably 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 or in relation to which such an order was sought,

(d) contesting the jurisdiction of the court,

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

(2) For the purposes of section 5 (2) (b) of the Administration of Justice Act 1924 , a person does not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of a court by:

(a) entering an appearance in proceedings in the court, or

(b) participating in proceedings in the court only to such extent as is reasonably necessary,

for the purpose only of doing one or more things of the kind mentioned in subsection (1) (c), (d) or (e).