Victorian Consolidated Legislation

Foreign Judgments Act 1962 - SECT 7

Cases in which registered judgments must, or may be set aside

7. Cases in which registered judgments must, or may be set aside



(1) On an application in that behalf duly made by any party against whom a
registered judgment may be enforced, the registration of the judgment shall be
set aside if the Supreme Court is satisfied-

   (a)  that the judgment is not a judgment to which this Part applies or was
        registered in contravention of the foregoing provisions of this Act;

   (b)  that the Courts of the country of the original Court had no
        jurisdiction in the circumstances of the case;

   (c)  that the judgment debtor did not (notwithstanding that process may
        have been duly served on him in accordance with the law of the country
        of the original Court) receive notice of those proceedings in
        sufficient time to enable him to defend the proceedings and did not
        appear;

   (d)  that the judgment was obtained by fraud;

   (e)  that the enforcement of the judgment would be contrary to public
        policy in Victoria; or

   (f)  that the rights under the judgment are not vested in the person by
        whom the application for registration was made.

(2) On an application in that behalf duly made by any party against whom a
registered judgment may be enforced, the registration of the judgment may be
set aside if the Supreme Court is satisfied that the matter in dispute in the
proceedings in the original Court had previously to the date of the judgment
in the original Court been the subject of a final and conclusive judgment by a
Court having jurisdiction in the matter.

(3) For the purposes of this section the Courts of the country of the original
Court shall, subject to the provisions of subsection (4) of this section, be
deemed to have had jurisdiction-

   (a)  in the case of a judgment given in an action in personam-

   (i)  if the judgment debtor submitted to the jurisdiction of that Court by
        voluntarily appearing in the proceedings otherwise than for the
        purpose of protecting, or obtaining the release of, property seized or
        threatened with seizure, in the proceedings or of contesting the
        jurisdiction of that Court;

   (ii) if the judgment debtor was plaintiff in, or counterclaimed in, the
        proceedings in the original Court;

   (iii) if the judgment debtor had before the commencement of the proceedings
        agreed, in respect of the subject-matter of the proceedings, to submit
        to the jurisdiction of that Court or of the Courts of the country of
        that Court;

   (iv) if the judgment debtor was at the time when the proceedings were
        instituted resident in, or being a body corporate had its principal
        place of business in, the country of that Court; or

   (v)  if the judgment debtor had an office or place of business in the
        country of that Court and the proceedings in that Court were in
        respect of a transaction effected through or at that office or place;

   (b)  in the case of a judgment given in an action of which the
        subject-matter was immovable property or in an action in rem of which
        the subject-matter was movable property, if the property in question
        was at the time of the proceedings in the original Court situate in
        the country of that Court; and

   (c)  in the case of a judgment given in an action other than any such
        action as is mentioned in paragraph (a) or paragraph (b) of this
        subsection, if the jurisdiction of the original Court is recognized by
        the law of the State of Victoria.

(4) Notwithstanding anything in subsection (3) of this section, the Courts of
the country of the original Court shall not be deemed to have had
jurisdiction-

   (a)  if the subject-matter of the proceedings was immovable property
        outside the country of the original Court;

   (b)  except in the cases mentioned in subparagraphs (i), (ii) and (iii) of
        paragraph (a) and in paragraph (c) of subsection (3) of this section,
        if the bringing of the proceedings in the original Court was contrary
        to an agreement under which the dispute in question was to be settled
        otherwise than by proceedings in the Courts of the country of that
        Court; or

   (c)  if the judgment debtor was a person who under the rules of public
        international law was entitled to immunity from the jurisdiction of
        the Courts of the country of the original Court and did not submit to
        the jurisdiction of that Court.