Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 112, 1991
Compilation No. 5
Compilation date: 18 February 2022
Includes amendments up to: Act No. 3, 2022
Registered: 1 March 2022
About this compilation
This compilation
This is a compilation of the Foreign Judgments Act 1991 that shows the text of the law as amended and in force on 18 February 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Interpretation
4 External Territories
Part 2--Reciprocal enforcement of judgments
5 Application of this Part on the basis of reciprocity of treatment
6 Application for, and effect of, registration of foreign judgments
7 Setting aside a registered judgment
8 Stay of enforcement of a registered judgment
9 Re-registration of certain registered judgments which have been set aside
10 Registrable judgments not to be otherwise enforceable
Part 3--Miscellaneous
11 Judgments to which Part 2 does not apply
12 General effect of certain judgments
13 Money judgments unenforceable if no reciprocity
14 Registered judgments cease to be enforceable in certain circumstances
15 Issue of certificates of judgments obtained in Australian courts
16 Regulations
17 Rules of Court
Part 4--Transitional provisions
18 Registration of judgments recognised under State or Territory law
19 Enforcement of judgments registered under State or Territory law after commencement of this Act
20 Rules of Court
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
112, 1991 | 27 June 1991 | s. 21: 27 Oct 1991 |
| |
Service and Execution of Process (Transitional Provisions and Consequential Amendments) Act 1992 | 166, 1992 | 11 Dec 1992 | 10 Apr 1993 (see s. 2 and Gazette 1993, No. GN13) | -- |
34, 1997 | 17 Apr 1997 | Sch 9: 17 Apr 1997 (s 2(1)) | -- | |
as amended by |
|
|
|
|
Law and Justice Legislation Amendment Act 1999 | 125, 1999 | 13 Oct 1999 | Sch 12: 17 Apr 1997 (s 2(6)) | -- |
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 | 36, 2010 | 13 Apr 2010 | s. 4: Royal Assent | s 4 and Sch 2 (item 23) |
136, 2012 | 22 Sept 2012 | Schedule 6 (item 39): Royal Assent | -- | |
Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022 | 3, 2022 | 17 Feb 2022 | Sch 1 (item 74): 18 Feb 2022 (s 2(1) item 3) | -- |
Provision affected | How affected |
Part 2 |
|
s 5..................... | am No 36, 2010 |
s 6..................... | am No 166, 1992; No 34, 1997 (as am by No 125, 1999); No 3, 2022 |
s 7..................... | am No 166, 1992 |
Part 4 |
|
s 18.................... | exp end of 26 June 1993 (s 18(3)) |
Part 5................... | rep No 136, 2012 |
s 21.................... | rep No 136, 2012 |
s 22.................... | rep No 136, 2012 |