Foreign Judgments (Reciprocal Enforcement) Act 1978 (NI)

NORFOLK ISLAND

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1978

Act No. 8 of 1978 NB – Reference should be made to the Foreign Judgments Act 1991 (Cmlth.) and the Regulations thereunder having application to Norfolk Island.

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TABLE OF PROVISIONS

Section PART 1 - PRELIMINARY 1. Short title 2. Commencement 3. Repeal 4. Interpretation

PART 2 – RECIPROCAL ENFORCEMNT OF JUDGMENTS 5. Application of Part 2 6. Application for, and effect of, registration of foreign judgment 7. Rules of Court for the purposes of Part 2 8. Cases in which registered judgments shall be set aside 9. Powers of Supreme Court on application to set aside registration 10. Judgments which can be registered not to be enforceable otherwise

PART 3 – MISCELLANIOUS 11. General effect of certain judgments 12. Power to make judgments unenforceable in Norfolk Island if no reciprocity 13. Issue of certificates of judgments obtained in Norfolk Island 14. Application of the Rules of Court of the Supreme Court of the Australian Capital Territory

NORFOLK ISLAND

Foreign Judgments (Reciprocal Enforcement) Act 1978) Act No. 8 of 1978

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Act under the Norfolk Island Act 1957. Dated 7 July 1978. Zelman Cowen Governor-General By His Excellency's Command R. Ellicott Minister of State for Home Affairs ____________________________________________________________

Relating to the enforcement of foreign judgments in the Territory, and for other purposes [Made 7 July 1978]

PART 1 - PRELIMINARY

Short title 1. This Act may be cited as the Foreign Judgments (Reciprocal Enforcement) Act 1978. Commencement 2. (1) The provisions of this Act, other than section 3, shall come into operation on a date to be fixed by the Administrator by notice published in the Norfolk Island Government Gazette. (2) Section 3 shall come into operation on a date to be fixed by the Administrator by notice published in the Norfolk Island Government Gazette, being a date not earlier than the date fixed under subsection (1). Repeal 3. The Reciprocal Enforcement of Judgments Act 1925 and the Reciprocal Enforcement of Judgments Act (No. 2) 1925 are repealed. Interpretation 4. In this Act, unless the contrary intention appears  "appeal" includes a proceeding by way of discharging or setting aside a judgment, an application for a new trial or a stay of execution; "country" includes a part of the Queen's dominions (other than a State or Territory"; "country of the original court" means the country in which the original court is situated; "judgment" means a judgment or order given or made by a court in civil proceedings, or a judgment or order given or made by a court in criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party; "judgment creditor" means the person in whose favour the judgment was given and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise; "judgment debtor" means the person against whom the judgment was given, and includes a person against whom the judgment is enforceable under the law of the original court; "judgments given in the Supreme Court" includes judgments given in the High Court, or in the Federal Court of Australia, on appeals against judgments given in the Supreme Court; "original Court", in relation to a judgment, means the court by which the judgment was given; "prescribed" means prescribed by Rules of Court; "Registrar" has the same meaning as in the Supreme Court Act 1960; "registration" means registration under Part 2, and "register" and "registered" have corresponding meanings.