Comparative Guides

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4. Results: Answers
Enforcement of Foreign Judgments
Tips and traps
What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?

Answer ... Given that enforcement of foreign judgments under the Reciprocal Enforcement of Commonwealth Judgments Act, the Reciprocal Enforcement of Foreign Judgments Act and the Choice of Courts Agreement Act cannot be executed until the expiry of the timeframe allowed for setting aside the foreign judgment, there is a risk that assets may be moved out of the jurisdiction. In this regard, applicants may consider applying for a Mareva injunction against the judgment debtor’s assets.

Applicants should also be aware of the potential grounds on which their application may be refused, set aside or adjourned. This may affect how they approach the proceedings back in the original court in which the foreign judgment arose, especially with regard to issues on:

  • submission to jurisdiction;
  • service of process; and
  • appeals in the original court.

Mr Kyle Yew (Junior Associate) contributed to this Guide.

For more information about this answer please contact: Joseph Lopez from Joseph Lopez LLP
Enforcement of Foreign Judgments