Wednesday, 16 September 2015

Recognition and enforcement of foreign judgments in Australia - Part 2

Recognition under the common law

In our previous post, we examined the process for recognising foreign judgments in Australia under the Foreign Judgments Act 1991 (Cth) (Act).  While this is the easiest way to get a foreign judgment registered in Australia, it is only available for certain judgments. 

For judgments that are not registrable under the Act, a judgment creditor must have the judgment recognised under the common law.  In this post, we examine that process and the positions of the judgment creditor (the person enforcing the judgment) and the judgment debtor (the person against whom the judgment is being enforced).