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Foreign Judgments Regulations 1992

Authoritative Version
  • - F2004C00005
  • In force - Superseded Version
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SR 1992 No. 321 Regulations as amended, taking into account amendments up to SR 1999 No. 334
Principal Regulations
Administered by: Attorney-General's
Start Date 22 Dec 1999
End Date 30 Nov 2015

FOREIGN JUDGMENTS REGULATIONS 1992



Compilation Information

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Foreign Judgments Regulations 1992

Statutory Rules 1992 No. 321 as amended
made under the
Foreign Judgments Act 1991
This compilation was prepared on 22 December 1999
taking into account amendments up to SR 1999 No. 334
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


FOREIGN JUDGMENTS REGULATIONS 1992
- REG 1
Name of regulations [see Note 1]

These regulations are the Foreign Judgments Regulations 1992.

FOREIGN JUDGMENTS REGULATIONS 1992
- REG 2
Interpretation

In these Regulations:

Act means the Foreign Judgments Act 1991.

Privy Council means the Privy Council of the United Kingdom, and is taken to include the Judicial Committee of the Privy Council.

FOREIGN JUDGMENTS REGULATIONS 1992
- REG 3
Extension of Part 2 of the Act

Part 2 of the Act extends to each country specified in column 2 of the Schedule.

FOREIGN JUDGMENTS REGULATIONS 1992
- REG 4
Specified superior courts

For the purposes of the Act, the courts specified in column 3 of an item in the Schedule are taken to be superior courts of the country specified in column 2 of that item.

FOREIGN JUDGMENTS REGULATIONS 1992
- REG 5
Specified inferior courts

(1)
Part 2 of the Act extends in relation to each District Court of New Zealand.

(2)
Part 2 of the Act extends in relation to the following inferior courts of the United Kingdom:

(a)
County Courts (England and Wales);

(b)
County Courts (Northern Ireland);

(c)
Sheriff Courts (Scotland).

(3)
Part 2 of the Act extends in relation to the following inferior courts of Canada:


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(a)
the Provincial Court of Alberta;

(b)
the Provincial Court of British Columbia;

(c)
the Provincial Court of Manitoba.

(4)
Part 2 of the Act extends in relation to the following inferior courts of Switzerland:

(a)
Bezirksgerichte;

(b)
Erstinstanzliche Gerichte;

(c)
Arbeitsgerichte;

(d)
Mietgerichte.

(6)
Part 2 of the Act extends in relation to each District Court of the Republic of Poland.

FOREIGN JUDGMENTS REGULATIONS 1992
Schedule Superior Courts


Item
Country
Courts
1
New Zealand
Court of Appeal
High Court
1A
Province of Alberta, Canada
Supreme Court of Canada
Court of Appeal of Alberta
Court of Queen's Bench of Alberta
2
Bahamas, The Commonwealth of the
Court of Appeal
Supreme Court
3
Province of British Columbia, Canada
Supreme Court of Canada
Court of Appeal of British Columbia
Supreme Court of British Columbia
4
British Virgin Islands
Eastern Caribbean Supreme Court
5
Cayman Islands
Grand Court
6
Dominica,
Commonwealth of
Eastern Caribbean Supreme Court
Court of Appeal
High Court of Justice
7
Falkland Islands
Court of Appeal
Supreme Court
8
Fiji, Republic of
Supreme Court
Court of Appeal
High Court
9
France (French Republic)
Cour de Cassation
Cours d'Appel
Tribunaux de grand instance
Tribunaux de commerce
Cours d'assise
Tribunaux correctionnels
10
Germany, Federal
Republic of
Bundesgerichtshof
Oberlandesgerichte
Bayerische Oberste Landesgericht
Landgerichte
11
Gibraltar
Court of Appeal
Supreme Court
12
Grenada
Supreme Court (consisting of the:
Court of Appeal; High Court)
13
Hong Kong Special Administrative Region of the People's Republic of China, The
Court of Final Appeal
High Court
(consisting of the: Court of Appeal; Court of First Instance)
14
Israel, State of
Supreme Court
District Courts
Moslem Religious Courts
Druze Religious Courts
15
Italy (Italian Republic)
Corte Suprema di Cassazione
Corte di Assise
Corte d'Appello
Tribunale
16
Japan
Supreme Court
High Courts
District Courts
Family Courts
16A
Korea, Republic of
Supreme Court
Appellate Courts
District Courts
Family Court
Patent Court
Administrative Court
16B
Malawi
High Court
Supreme Court



17
Province of Manitoba, Canada
Court of the Queen's Bench of Manitoba
18
Montserrat
Privy Council
Eastern Caribbean Court of Appeal
High Court of Montserrat
19
Papua New Guinea
Supreme Court of Justice National Court of Justice
19A
Poland, Republic of
Supreme Court
Commercial Courts
Courts of Appeal
Provincial Courts
20
St Helena
Supreme Court
21
St Kitts and Nevis, Federation of
Privy Council
Eastern Caribbean Court of Appeal
High Court (Saint Christopher Circuit)
High Court (Nevis Circuit)
22
St Vincent and the Grenadines
Eastern Caribbean Supreme Court (consisting of the:
Court of Appeal,
High Court)
23
Seychelles, Republic of
Court of Appeal
Supreme Court
24
Singapore, Republic of
Privy Council: in respect of orders made on appeals from the Singapore Supreme Court and filed with the Court of Appeal of Singapore
Supreme Court of Singapore (consisting of the: Court of Appeal; High Court)
25
Solomon Islands
Court of Appeal
High Court
25A
Sri Lanka
Supreme Court
Court of Appeal
High Court
District Court
25AA
Switzerland
Bundesgericht
Kantonale Obere Gerichte
Handelsgerichte
25AB
Taiwan
Supreme Court
High Courts
District Courts
25B
Tonga
Court of Appeal
Supreme Court
26
Tuvalu
Court of Appeal
High Court
27
United Kingdom, The
House of Lords
Supreme Court of England and Wales
Supreme Court of Judicature of Northern Ireland
Court of Session
28
Western Samoa
Court of Appeal
Supreme Court of Western Samoa
Note   The Eastern Caribbean Supreme Court is constituted by Statutory Instrument 1967 No. 223, as amended by Statutory
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Instrument 1983 No. 1108, of the United Kingdom. The Court is differently described in the usage of the countries mentioned in the Schedule in relation to which it is listed as a superior court. The description used by each of those countries is set out in column 3 of the relevant item in the Schedule.

FOREIGN JUDGMENTS REGULATIONS 1992
Notes to the Foreign Judgments Regulations 1992

Note 1

The Foreign Judgments Regulations 1992 (in force under the Foreign Judgments Act 1991) as shown in this compilation comprise Statutory Rules 1992 No. 321 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1992 No. 321
16 Oct 1992
16 Oct 1992

1993 No. 143
25 June 1993
25 June 1993

1994 No. 283
23 Aug 1994
1 Sept 1994

1995 No. 35
14 Mar 1995
14 Mar 1995

1996 No. 145
5 July 1996
5 July 1996

1997 No. 205
13 Aug 1997
13 Aug 1997

1998 No. 16
25 Feb 1998
25 Feb 1998

1999 No. 84
4 June 1999
4 June 1999

1999 No. 334
22 Dec 1999
22 Dec 1999

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 1999 No. 84
R. 2
rs. 1993 No. 143
R. 5
am. 1994 No. 283; 1995 No. 35; 1996 No. 145; 1998 No. 16; 1999 No. 84
Schedule
am. 1993 No. 143; 1995 No. 35; 1996 No. 145; 1997 No. 205; 1998 No. 16; 1999 Nos. 84 and 334