Victorian Consolidated Legislation

Foreign Judgments Act 1962 - SECT 3

Definitions

3. Definitions



(1) In this Act, unless inconsistent with the context or subject-matter-

appeal includes any proceedings by way of discharging or setting aside a
judgment or an application for a new trial or a stay of execution;

Commonwealth country means a country that is a member of the British
Commonwealth of Nations, and includes every territory for whose international
relations the Government of that country is responsible;

country of the original Court means the country in which the original Court is
situated;

foreign country means a country which is not a Commonwealth country;

judgment means a judgment or order given or made by a Court in any civil
proceedings, or a judgment or order given or made by a Court in any criminal
proceedings for the payment of a sum of money in respect of compensation or
damages to an injured party, whether before or after the commencement of this
Act and includes an award in proceedings on an arbitration if the award has,
in pursuance of the law in force in the place where it was made, become
enforceable in the same manner as a judgment given by a Court in that place;

judgment creditor means the person in whose favour the judgment was given and
includes any person in whom the rights under the judgment have become vested
by succession or assignment or otherwise;

judgment debtor means the person against whom the judgment was given and
includes any person against whom the judgment is enforceable under the law of
the original Court;

judgments given in the superior Courts of Victoria means judgments given in
the Supreme Court and includes judgments given in any Court on appeals against
any judgments so given: The term also includes judgments that have become
enforceable as judgments of the Supreme Court though not given therein;

non-recoverable tax means tax other than recoverable tax;



Order means Order of the Governor in Council published in the Government
Gazette;

original Court in relation to any judgment means the Court by which the
judgment was given;

Part means Part of this Act;

prescribed means prescribed by Rules of Court;

recoverable tax means tax payable under the laws of Papua New Guinea relating
to taxes on income, but does not include-

   (a)  additional or other tax payable, by way of penalty, interest or
        otherwise, because of a contravention or failure to comply with any of
        those laws or of a requirement made under any of those laws; or

   (b)  tax of a class or description for the time being specified in an Order
        in force under subsection (3);

registration means registration under Part II and the expressions register and
registered shall be construed accordingly;

repealed Division means Division 11 of Part VIII of the Supreme Court Act
1958;

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(2) For the purposes of this Act the expression action in personam shall not
be deemed to include any matrimonial cause or any proceedings in connexion
with any of the following matters that is to say-

   (a)  matrimonial matters;

   (b)  administration of the estates of deceased persons;

   (c)  bankruptcy;

   (d)  winding up of companies;

   (e)  lunacy; or

   (f)  guardianship of minors.





(3) Where the Governor in Council is of the opinion that any tax payable under
the laws of Papua New Guinea is not properly a tax on income, he may, for the
purposes of paragraph (b) of the definition of recoverable tax in subsection
(1), by Order declare any class or description of tax specified in the Order
not to be recoverable tax.

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