Federal Register of Legislation - Australian Government

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Foreign Judgments Regulations (Amendment)

Authoritative Version
  • - F1998B00010
  • No longer in force
SR 1998 No. 16 Regulations as made
These Regulations amend the Foreign Judgments Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR10-Mar-1998
Tabled Senate10-Mar-1998
Gazetted 25 Feb 1998
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Foreign Judgments Regulations (Amendment) 1998 No. 16

EXPLANATORY STATEMENT

Statutory Rules 1998 No. 16

Issued by the Authority of the Attorney-General

Foreign Judgments Act 1991

Foreign Judgments Regulations (Amendment)

Section 16 of the Foreign Judgments Act 1991 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.

Part 2 of the Act provides, amongst other matters, for the registration and enforcement in Australia of judgments given in foreign courts to which the Act has been extended.

Subsection 5(1) of the Act provides that the regulations may provide that Part 2 of the Act extends in relation to a country if the Governor-General is satisfied that, in the, event of the benefits conferred by Part 2 being applied to money judgments given in the superior courts of that country, substantial reciprocity of treatment will be assured m relation to the enforcement in that country of money judgments given in Australian superior courts. Subsection 5(3) makes similar provision in respect of money judgments given in inferior courts.

The purpose of these Regulations is to extend Part 2 of the Act in relation to specified inferior and superior courts of Poland. The Polish Civil Code provides for the recognition and execution of decisions of foreign courts based on reciprocity.

Details of the Regulations are as follows:

Regulation 1 is formal.

Regulation 2 inserts a new subregulation 5(6) in the principal regulations, providing that Part 2 of the Act extends to each District Court of the Republic of Poland.

Regulation 3 amends the Schedule to the principal regulations, by inserting a new item 19A, providing in effect that Part 2 of the Act extends to specified superior courts of Poland, including the Supreme Court, Commercial Courts, Courts of Appeal and Provincial Courts.

The Regulations commenced on gazettal.

Authority Section 16 of the

Foreign Judgments Act 1991