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