Foreign Judgments Regulations
Statutory Rules 1992 No. 321 as amended
made under the
Foreign Judgments Act 1991
Consolidated as in force on 5 May 1999
(includes amendments up to SR 1998 No. 16)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Statutory Rules 1992 No. 321 as amended
made under the
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Extension of Part 2 of the Act
4 Specified superior courts
5 Specified inferior courts
Schedule Superior Courts
Notes
These regulations may be cited as the Foreign Judgments Regulations.
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.
3 Extension of Part 2 of the Act
Part 2 of the Act extends to each country specified in column 2 of the Schedule.
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.
(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:
(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.
(5) Part 2 of the Act extends in relation to each District Court of Taiwan, China.
(regulations 3 and 4)
Column 1 | Column 2 | Column 3 |
Item No. | Country | Courts |
1 | New Zealand | Court of Appeal |
1A | Province of Alberta, Canada | Supreme Court of Canada |
2 | Bahamas, The Commonwealth of the | Court of Appeal |
3 | Province of British Columbia, Canada | Supreme Court of Canada |
4 | British Virgin Islands | Eastern Caribbean Supreme Court |
5 | Cayman Islands | Grand Court |
6 | Dominica, | Eastern Caribbean Supreme Court |
7 | Falkland Islands | Court of Appeal |
8 | Fiji, Republic of | Supreme Court |
9 | France (French Republic) | Cour de Cassation |
10 | Germany, Federal | Bundesgerichtshof Oberlandesgerichte |
11 | Gibraltar | Court of Appeal |
12 | Grenada | Supreme Court (consisting of the: |
13 | Hong Kong Special Administrative Region of the People’s Republic of China, The | Court of Final Appeal |
14 | Israel, State of | Supreme Court |
15 | Italy (Italian Republic) | Corte Suprema di Cassazione |
16 | Japan | Supreme Court |
16A | Malawi | High Court |
17 | Province of Manitoba, Canada | Court of the Queen’s Bench of Manitoba |
18 | Montserrat | Privy Council |
19 | Papua New Guinea | Supreme Court of Justice National Court of Justice |
19A | Poland, Republic of | Supreme Court |
20 | St Helena | Supreme Court |
21 | St Kitts and Nevis, Federation of | Privy Council |
22 | St Vincent and the Grenadines | Eastern Caribbean Supreme Court (consisting of the: |
23 | Seychelles, Republic of | Court of Appeal |
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 |
25 | Solomon Islands | Court of Appeal |
25A | Sri Lanka | Supreme Court |
25AA | Switzerland | Bundesgericht |
25AB | Taiwan, China | Supreme Court |
25B | Tonga | Court of Appeal |
26 | Tuvalu | Court of Appeal |
27 | United Kingdom, The | House of Lords |
28 | Western Samoa | Court of Appeal |
Note The Eastern Caribbean Supreme Court is constituted by Statutory Instrument 1967 No. 223, as amended by Statutory 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.
Notes to the Foreign Judgments Regulations
Note 1
The Foreign Judgments Regulations (in force under the Foreign Judgments Act 1991) as shown in this reprint comprise Statutory Rules 1992 No. 321 amended as indicated in the Tables below.
Table of Statutory Rules
Year and | Date of notification | Date of | Application, saving or |
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 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |||
Provision affected | How affected | ||
R. 2................. | rs. 1993 No. 143 | ||
R. 5................. | am. 1994 No. 283; 1995 No. 35; 1996 No. 145; 1998 No. 16 | ||
Schedule............. | am. 1993 No. 143; 1995 No. 35; 1996 No. 145; 1997 No. 205; 1998 No. 16 | ||