Victorian Consolidated Legislation

Foreign Judgments Act 1962 - SECT 10

PART III MISCELLANEOUS AND GENERAL

Judgments given by superior Courts outside Victoria

10. Judgments given by superior Courts outside Victoria



(1) Subject to the provisions of this section, a judgment to which Part II
applies or would have applied if a sum of money had been payable thereunder,
whether it can be registered or not, and whether, if it can be registered, it
is registered or not, shall be recognized in any Court in Victoria as
conclusive between the parties thereto in all proceedings founded on the same
cause of action, and may be relied on by way of defence or counterclaim in any
such proceedings.

(2) This section shall not apply in the case of any judgment-

   (a)  where the judgment has been registered and the registration thereof
        has been set aside on some ground other than-

   (i)  that a sum of money was not payable under the judgment;

   (ii) that the judgment had been wholly or partly satisfied; or

   (iii) that at the date of the application for registration of the judgment,
        the judgment could not be enforced by execution in the country of the
        original Court; or

   (b)  where the judgment has not been registered, and it is shown (whether
        it could have been registered or not) that if it had been registered
        the registration thereof would have been set aside on an application
        for that purpose on some ground other than one of the grounds
        specified in paragraph (a) of this subsection.

(3) Nothing in this section prevents any Court in Victoria recognizing any
judgment as conclusive of any matter of law or fact decided therein if that
judgment would have been so recognized before the passing of this Act.