LFDB v SM (No 3) [2017] FCA 80

FEDERAL COURT OF AUSTRALIA

LFDB v SM (No 3) [2017] FCA 80 File number: NSD 1665 of 2015

Judge: GRIFFITHS J

Date of judgment: 9 February 2017

Catchwords: PRIVATE INTERNATIONAL LAW – application under s 72(1) of the Trans-Tasman Proceedings Act 2010 (Cth) (the Act) to set aside the registration of two judgments of the High Court of New Zealand in relation to proceedings under the Property (Relationships) Act 1976 (NZ) – whether enforcement of judgments would be contrary to public policy in Australia as involving a gross denial of procedural fairness – whether the judgments were given in a proceeding in rem – whether the subject of the proceedings is moveable property not situated in New Zealand – whether one of the judgments is not a "registrable judgment" because if contravened it would make LFDB liable to conviction for contempt in New Zealand. STATUTORY INTERPRETATION – construction of s 72(1) of the Act – whether judgment contrary to public policy – whether the judgments were given in a proceeding in rem the subject matter of which was moveable property. Held: application dismissed with costs.

Legislation: Foreign Judgments Act 1991 (Cth) International Arbitration Act 1974 (Cth), s 7A Trans-Tasman Proceedings Act 2010 (Cth), ss 4, 66, 68, 72 Care of Children Act 2004 (NZ), s 78 Children, Young Persons and Their Families Act 1989 (NZ), s 89 Companies Act 1993 (NZ), s 34 Domestic Violence Act 1995 (NZ), s 49 Family Law Act 1975 (Cth), s 79 Financial Markets Conduct Act 2013 (NZ), s 519 New Zealand Bill of Rights Act 1990 (NZ), ss 5, 24 Property (Relationships) Act 1976 (NZ), ss 7, 25, 37, 72 Reciprocal Enforcement of Judgments Act 1934 (NZ) Resource Management Act 1991 (NZ), s 338 High Court Rules (NZ), r 32.7