Registration of Foreign Judgments

A foreign judgment may be enforceable in Australia under the Foreign Judgments Act 1991 (Cth)

These are the relevant steps:

    1.  It has to be determined whether the judgment is one to which the Act applies and is made by one of the Foreign Courts specified in the Foreign Judgments Regulations 1992 (Cth);
    2.  If the Act applies and the debtor is in New South Wales, an application can be made to the New South Wales Supreme Court to register the judgment.
    3.  As an initial step, a letter of demand should be sent to the judgment debtor who may be willing to pay or to make a worthwhile settlement offer. Also, the letter prevents the judgment debtor arguing later that costs of the application for registration should not be allowed because no notice of the application was given to the judgment debtor;
    4.  If no settlement is reached with the judgment debtor the next step will be the preparation of a Summons and an Affidavit in support providing a long list of information and a certified copy of the judgment. A successful application should only take a few days subject to any requisitions the Court might send;
    5.  A Notice of Registration must then be prepared and served on the judgment debtor. He then has 14 days to file an application to set aside the registration or for a stay of enforcement if the foreign judgment is to be challenged. This may take weeks or months if there is a contested hearing;
    6. If the registration is not challenged or a stay sought then an Affidavit of service must be prepared and filed before the registered judgment can be enforced;
    7.  There are a number of methods of enforcement including a Writ for Levy of Property allowing the Sheriff to attend the judgment debtor’s home and seize personal property for sale and a Garnishee Order by which the judgment debtor’s employer must pay the judgment debt by instalments from his salary or wages; and
    8. Along the way, legal costs in making the application for registration of the foreign judgment and enforcing the judgment can be claimed and recovered.
Over the years, Tony Laumberg has made numerous successful applications to the Supreme Court of New South Wales to register foreign judgments in Australia and then enforce those judgments to ensure that overseas clients receive money due to them by persons who have fled their home country to avoid payment of substantial legal debts.

Latest News

New Register of Foreign Ownership of Australian Assets

On 1 July 2023 a new Register of Foreign Ownership of Australian Assets will come into effect. Its purpose is to record foreign interests in a broad range of Australian assets, to support compliance with Australian foreign investment laws and to increase visibility of...

read more

New Optional Property Tax to Replace Stamp Duty

If you are a first home buyer then you should be made aware of a recent announcement by the NSW State Goverment which will apply to properties purchased up to $1.5m from 16 January 2023. As from that date, qualifying purchasers will be able to opt into a scheme to pay...

read more

Electronic Registration of Commercial and Retail Leases

As from 11 October 2021 all dealings with real property, including commercial and retail Leases, must be lodged electronically for registration and can no longer be lodged in paper form as has been the case for many decades. The Lease will have to be lodged for...

read more

Goodbye to Paper Certificates of Title

  A Certificate of Title is an official paper document issued by a government authority to prove that a person owns certain real estate. It records all the details shown on the public Torrens Title Register up to the time it was issued. In the past the owner of a...

read more

New Laws for Off-the-Plan Purchases

New Laws for Off-the-Plan Purchases Off-the-plan property buyers will soon get better protection when new laws come into effect on 1 December 2019. They will give purchasers greater rights and more certainty and will stop rorts like developers selling a one bedroom...

read more

Latest Articles

How Should a Vendor Prepare for a Settlement?

In the days leading up to the settlement of the sale of a property there a few things every vendor should do to ensure the settlement goes ahead smoothly and the sale proceeds end up in the vendor's bank account! Firstly, normally, the vendor's agent will be holding...

read more

Contract Amendments at an Auction

Before an auction for the sale of a property, a prospective purchaser will often get their solicitor to send an e-mail to the vendor's solicitor requesting certain amendments to the Contract if that purchaser is the successful bidder. The vendor's solicitor will...

read more

Final Inspections for Property Purchases

For those buying a new property, a purchaser normally conducts a final inspection of the property either on the morning of the settlement or the afternoon before. The purpose of the inspection is to ensure the property is in the same condition as when the Contract was...

read more

Vital Tip Before Signing a Contract at an Auction

You have just endured a lively bidding war for that perfect property and had your final bid accepted by the auctioneer. The property is yours! But there are still some important formalities to go through. Both the vendor and you have to sign a counterpart of the...

read more

Acting for Spouses in Property Transactions

Often, I am contacted by one spouse about a property transaction such as the purchase or sale of a family home. Sometimes, that spouse is surprised when I say that I have to speak to the other spouse to confirm the instructions to buy or sell. That caution is...

read more