Order for registration of non-money judgment (Rule 41.64(2)) (Form 136)

A judgment creditor applies to register a foreign judgment by originating application in Form 134 (r 41.62). If the Court orders registration, rule 41.64 says the order must be in Form 135 for a money judgment and in Form 136 for a non-money judgment, such as an order or injunction. Under section 6(2)(b) of the Foreign Judgments Act 1991, a non-money judgment given in New Zealand proceedings in which a matter arises under the Commerce Act 1986 (NZ) can be registered only in the Federal Court, and only non-money judgments of a kind prescribed by regulations are covered (s 5(6)). Once registered, the judgment can be enforced as if it had been given by the Federal Court on the date of registration (s 6(7)).

When you need it

• The Court has ordered registration of a foreign non-money judgment (for example an injunction) under the Foreign Judgments Act 1991.
• You are preparing for the registration hearing and want the order's terms to match the judgment and the application in Form 134.
• Not for money judgments: those use Form 135 (r 41.64(1)).

1. 1

   Heading and order details

   The heading matches the Form 134 proceeding. The order records the Judge, the date of the order and where it was made.

2. 2

   The registration order

   It identifies the foreign judgment by date and court, names the judgment debtor, sets out the terms of the order or injunction, and orders it registered under the Foreign Judgments Act 1991.

3. 3

   Costs

   The judgment debtor is ordered to pay the judgment creditor's reasonable costs of the application and registration, either fixed at an amount in Australian dollars or to be taxed. The costs sought are stated in the supporting affidavit (r 41.62(2)(b)(vi)).

4. 4

   Setting aside

   The order records that the judgment debtor may apply to have the registration set aside. Section 6(4) of the Act requires the order to state the period for such an application, and rule 41.66 sets 14 days after service.

5. 5

   Schedule of parties

   If there are more parties than fit in the heading, list the second and later applicants, respondents, cross-claimants and cross-respondents in the schedule, or delete it.

• The order is made by the Court on the Form 134 application, which may be made without notice (r 41.62(3)).
• Serve a copy of the order, with copies of the supporting affidavits, on the party against whom the judgment is enforceable. The office copy and affidavits must be served personally unless the Court orders another method (r 41.65(1) to (3)).
• An affidavit of service is required before any step is taken to enforce the registered judgment (r 41.65(4)).
• The judgment debtor has 14 days after service to apply, by interlocutory application with an affidavit, to set aside the registration or stay enforcement (r 41.66).

• The Federal Court is the only court for registering Commerce Act (NZ) non-money judgments under the Act. Most other foreign judgments are registered in a State or Territory Supreme Court (s 6(2)).
• Many New Zealand judgments are now registered under the Trans-Tasman Proceedings Act 2010 instead, using a different form. GPN-FRGN explains both schemes.
• The printed Form 136 refers to Part IIIA of the Foreign Judgments Act, but registration is under Part 2 (s 6) of the current Act. Check the wording of any draft order against the Act.