Australian Federal Court Publishes Foreign Judgements Practice Note Amendments
Published 14 August 2024
Matthew Murphy
On 12 August 2024, the Australian Federal Court published two updated general practice notes that concern foreign judgments, and overseas service and evidence.
The updates to “GPN-FRGN Foreign Judgments Practice Note” clarify the material that needs to accompany the application for registration of a New Zealand judgment and how it is to be provided to the court; provide for the court to issue an order confirming registration; clarify that notice by the party who has the benefit of a New Zealand judgment that is registered must be given to every person liable in the judgment within 15 days of the day of registration of that judgment; highlight that an application under the Foreign Judgments Act 1991 (Cth) must be made within 6 years of the judgment; and provide that a party seeking to set aside registration of the judgment or to stay the enforcement of the judgment must make an interlocutory application in the proceeding in which the judgment was registered, accompanied by a supporting affidavit - the interlocutory judgment must be made within 14 days after the date of service of the order of registration.
The proposed updates to the “GPN-OSE Overseas Service and Evidence Practice Note” bring it in line with certain changes made to the Federal Court Rules 2011 (Cth), introduced by the Federal Court Legislation Amendment Rules 2022 (Cth) and minor amendments pursuant to the Federal Court Legislation Amendment Rules 2024 (Cth).
The updates to “GPN-FRGN Foreign Judgments Practice Note” clarify the material that needs to accompany the application for registration of a New Zealand judgment and how it is to be provided to the court; provide for the court to issue an order confirming registration; clarify that notice by the party who has the benefit of a New Zealand judgment that is registered must be given to every person liable in the judgment within 15 days of the day of registration of that judgment; highlight that an application under the Foreign Judgments Act 1991 (Cth) must be made within 6 years of the judgment; and provide that a party seeking to set aside registration of the judgment or to stay the enforcement of the judgment must make an interlocutory application in the proceeding in which the judgment was registered, accompanied by a supporting affidavit - the interlocutory judgment must be made within 14 days after the date of service of the order of registration.
The proposed updates to the “GPN-OSE Overseas Service and Evidence Practice Note” bring it in line with certain changes made to the Federal Court Rules 2011 (Cth), introduced by the Federal Court Legislation Amendment Rules 2022 (Cth) and minor amendments pursuant to the Federal Court Legislation Amendment Rules 2024 (Cth).