Originating application for registration of a foreign judgment under the Foreign Judgments Act 1991 (Rule 41.62(1)) (Form 134)

The Foreign Judgments Act 1991 lets a judgment creditor register a judgment of a court of a country to which Part 2 extends, within 6 years after the judgment (or the last judgment on appeal) (s 6(1)). The Federal Court is the appropriate court only in limited cases: money judgments given in New Zealand proceedings in which a matter arises under the Commerce Act 1986 (NZ), and non-money judgments in such proceedings, which can only be registered in the Federal Court (s 6(2)). Otherwise the application goes to a State or Territory Supreme Court. Rule 41.62 of the Federal Court Rules 2011 requires an originating application in Form 134 with a certified copy of the judgment (and an authenticated translation if needed) and an affidavit covering the matters in rule 41.62(2)(b). The application may be made without notice.

When you need it

• You hold a New Zealand judgment given in proceedings in which a matter arose under the Commerce Act 1986 (NZ), other than under ss 36A, 98H or 99A of that Act.
• You are within 6 years after the judgment or the last appeal judgment (s 6(1)).
• Not for most other foreign judgments, which are registered in a State or Territory Supreme Court, and not for New Zealand judgments that can be registered under the Trans-Tasman Proceedings Act 2010, which has its own process (GPN-FRGN).

1. 1

   Heading and parties

   Insert the District Registry, Division and the parties. A foreign party must give an address for service in Australia (GPN-FRGN; r 11.01).

2. 2

   Leave the hearing details to the Registry

   The Registry inserts the hearing time and place and any order abridging time.

3. 3

   Identify the judgment

   Name the foreign court and give the judge, date of judgment and where it was made. For a money judgment, give the amount in foreign currency, the balance remaining payable and interest to date. For an order or injunction, set out its terms.

4. 4

   Accompanying documents

   Attach a copy of the judgment certified by the original court and, if not in English, a translation authenticated by affidavit, plus the affidavit required by r 41.62(2)(b) (parties' details, that Part 2 applies, that registration would not be set aside, the costs sought and other listed matters).

5. 5

   Address, service and signature

   Give the address for service, email and residential or business address, choose the service option and sign.

• File within 6 years after the judgment, or the last judgment on appeal (s 6(1); GPN-FRGN para 3.3). A filing fee applies - check the Court's current fee schedule.
• The application may be made without notice (r 41.62(3)). On the day of the hearing, file a further affidavit covering the causes of action, enforceability, interest and the balance owing (r 41.63).
• If registration is ordered (Form 135 or 136), serve the order and supporting affidavits personally on the judgment debtor, and serve an affidavit of service before taking any enforcement step (r 41.65).
• The judgment debtor may apply within 14 days after service to set aside the registration or stay enforcement (r 41.66).

• A judgment cannot be registered if it has been wholly satisfied or could not be enforced in the country of the original court at the date of the application (s 6(6)).
• If the judgment is in foreign currency, state whether it is to be registered in that currency; otherwise it is registered for the Australian dollar equivalent at the exchange rate on the hearing day (r 41.63(d)(iv)).
• Check the registration grounds in s 7 before filing, because the affidavit must say that registration would not be liable to be set aside.