Order for registration of money judgment (Rule 41.64(1)) (Form 135)

Division 41.6 of the Federal Court Rules 2011 sets out how a judgment is registered under the Foreign Judgments Act 1991. The judgment creditor files an originating application in Form 134 with a certified copy of the judgment (and an authenticated translation if it is not in English) and an affidavit covering the matters in rule 41.62(2)(b), then files a further affidavit on the day of the hearing under rule 41.63. If registration is ordered, the order for a money judgment must be in accordance with Form 135, and for a non-money judgment Form 136 (r 41.64). The Federal Court's Foreign Judgments Practice Note (GPN-FRGN) explains that the Federal Court is the appropriate court only in limited cases involving judgments in matters under the Commerce Act 1986 (New Zealand); other judgments under the Act are registered in a State or Territory Supreme Court.

When you need it

• You hold a money judgment in a matter arising under the Commerce Act 1986 (New Zealand) that can be registered in the Federal Court under s 6(2) of the Foreign Judgments Act 1991 (see GPN-FRGN).
• You are checking the order the Court has made, or preparing to serve it on the judgment debtor.
• You are the judgment debtor and have been served with a Form 135 order and want to understand it.
• Not for most foreign judgments: GPN-FRGN says those go to a State or Territory Supreme Court, and New Zealand judgments generally use the Trans-Tasman Proceedings Act 2010 process instead.

1. 1

   Heading and parties

   The order carries the file number, District Registry, Division and the applicant and respondent. Extra parties go in the schedule at the end of the form.

2. 2

   Judge, date and place

   The order records the judge who made it, the date of the order and where it was made.

3. 3

   The registration order

   It identifies the foreign judgment by date and court, names the judgment debtor and judgment creditor, states the amount in the foreign currency (and interest) and orders that the judgment be registered under the Foreign Judgments Act 1991. These details come from the certified judgment and the affidavits filed under rules 41.62 and 41.63.

4. 4

   The Australian dollar amount

   It states the amount the judgment debtor must pay in Australian dollars, including interest. The rule 41.63 affidavit is where the applicant gives the balance owing, the interest due under the foreign law and, where relevant, the exchange rate basis.

5. 5

   Costs and other orders

   It orders the judgment debtor to pay the reasonable costs of the application and registration, either fixed at an amount or to be taxed, and includes any other orders. The rule 41.62 affidavit states the costs sought to be included.

6. 6

   Notice and authentication

   The order states that the judgment debtor may apply to have the registration set aside. It is dated when entered and signed by an officer acting with the authority of the District Registrar.

• The application to register is made by originating application in Form 134 and may be made without notice (r 41.62). A filing fee applies - check the Court's current fee schedule.
• GPN-FRGN states that an application to register a foreign judgment must be made within 6 years of the judgment (s 6(1) of the Foreign Judgments Act 1991).
• After registration, serve a copy of the order with copies of the supporting affidavits on the party against whom the judgment is enforceable. The office copy of the order and the affidavits must be served personally unless the Court orders another method (r 41.65(1) to (3)).
• File an affidavit of service before taking any step to enforce the registered judgment (r 41.65(4)).
• The judgment debtor has 14 days after being served with the order to apply, by interlocutory application with a supporting affidavit, to set aside the registration or stay enforcement (r 41.66).

• Check the right court first. Filing in the Federal Court a judgment that belongs in a Supreme Court wastes the filing fee and time.
• Make the currency and interest figures in the rule 41.63 affidavit match what goes into the order, and give the grounds for each statement as rule 41.63(e) requires.
• A foreign party needs an address for service within Australia (GPN-FRGN, rr 2.16(1)(e), 11.01).
• The respondent can seek security for costs of the application (r 41.68).