Registration of foreign judgments
For a plaintiff seeking to enforce a judgment, it is not uncommon for a defendant’s assets to be spread across the globe, creating both opportunities and problems. The opportunity lies in accessing potential sources of assets to satisfy the judgment. The problem is that a company or person might have no assets in the plaintiff’s home jurisdiction, requiring the judgment to be enforced overseas.
The steps involved in accessing a defendant’s Australian assets to satisfy the judgment are recognition and enforcement. We will explore these steps further in a series of upcoming posts.
In this first post we look at one method of recognition: registration of the foreign judgment under the Foreign Judgments Act 1991 (Cth) (Act).