Q & A - litigation

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

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; and

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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