Q & A - litigation

Q: What are the requirements for recognition of foreign judgments in Australia?
A:

Recognition of foreign judgments in Australia are governed by the Foreign Judgments Act 1991 (Cth). However, the details principles are varied on a case basis. In general, The following conditions must be satisfied:

  1. The foreign court must have exercised jurisdiction that Australian courts recognise under Foreign Judgments Act 1996 and the Regulation;
  2. The foreign judgment must be final and conclusive;
  3. The judgment must be for the payment of a debt or definite sum of money;
  4. The judgment debt has not been wholly paid by the debtor in the foreign country;
  5. The judgment must be enforceable in the country of the original court;
  6. The identity of the parties to the foreign judgment must be the same as the parties to the Australian enforcement proceedings.

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