Victorian Consolidated Legislation

Foreign Judgments Act 1962 - SECT 4

PART II RECIPROCAL ENFORCEMENT OF JUDGMENTS

Application of this Part of Act

4. Application of this Part of Act



			(1)    (a)	This Part extends to the United Kingdom.


   (b)  In relation to the United Kingdom, the term superior Court means the
        High Court in England, the Court of Session in Scotland, the High
        Court in Northern Ireland, the Court of Chancery of the County
        Palatine of Lancaster or the Court of Chancery of the County Palatine
        of Durham, or such other Court as the Governor in Council may by Order
        specify for the purposes of this Part.

(2) If the Governor in Council is satisfied that, in the event of the benefits
conferred by this Part being extended to judgments given in the superior
Courts of any Commonwealth country not including the United Kingdom and the
Commonwealth of Australia or given in the superior Courts of any foreign
country, substantial reciprocity of treatment will be assured as respects the
enforcement within that Commonwealth country or in that foreign country, as
the case may be, of judgments given in the superior Courts of Victoria, he may
by Order direct-

   (a)  that this Part shall extend to that Commonwealth country or to that
        foreign country; and

   (b)  that such Courts as are specified in the Order shall, for the purposes
        of this Part, be deemed superior Courts of that Commonwealth country
        or of that foreign country.





(3) Any judgment of a superior Court of a country to which this Part extends,
including any judgment of such superior Court for the payment of the costs of
an appeal to that superior Court from a Court which is not a superior Court
but not including any other judgment of such a Court given on appeal from a
Court which is not a superior Court, shall be a judgment to which this Part
applies, if-

   (a)  it is final and conclusive as between the parties thereto;

   (b)  there is payable thereunder-

   (i)  a sum of money, not being (except as referred to in subparagraph (ii))
        a sum payable in respect of taxes or other charges of a like nature or
        in respect of a fine or other penalty; or

   (ii) a sum of money payable in respect of a recoverable tax; and

   (c)  it is given after the coming into operation of the Order directing
        that this Part shall extend to that country:

Provided that nothing in this paragraph (c) shall apply with respect to
judgments given in the United Kingdom or in any other Commonwealth country
(not including the Commonwealth of Australia) to which the repealed Division
applied immediately before the passing of this Act.

(4) For the purposes of this section a judgment shall be deemed to be final
and conclusive notwithstanding that an appeal may be pending against it, or
that it may still be subject to appeal, in the Courts of the country of the
original Court.

(5) The Governor in Council may by a subsequent Order vary or revoke any Order
previously made under this section.

(6) A copy of the Gazette purporting to contain a copy of an Order under this
section shall be conclusive evidence of the validity, contents, making and
publication of the Order and of the fulfilment of all conditions precedent to
the valid making thereof.