Local Courts (Civil Claims) Act, 1970
Registering Foreign Judgments

Interstate Judgments ..... Orders of N.S.W.Tribunals ..... Forms

Interstate Judgments
Enforcement of orders made in Courts or Tribunals of other States or Territories of Australia is governed by S.104 to S.108 of the Service and Execution of Process Act, 1992 (Commonwealth).

A judgment of a Court of another State or Territory of Australia may be registered in a Court "of like jurisdiction" in New South Wales. This means that it must be filed in a court that has a similar jurisdiction (in dollars terms) to the Court the order was made in. For example, because the jurisdictional limit of the Local Court is $40,000, a judgment from a court from another State which was commenced for an amount of $40,000 or less can be filed in the Local Court of N.S.W. Such an interstate judgment may be registered in any Local Court in N.S.W. but it is suggested that it be registered in the Local Court nearest to where the judgment debtor lives.

A sealed or certified copy of the order made in the Court of the other State is sent to the N.S.W. court with the required fee. If there is some urgency, the order may be faxed but no enforcement action can be taken until the original is received and it must be received at the N.S.W. Court within 7 days of the date of receipt of the faxed copy. What, then, is the point? A filing fee is required and it is logical to simultaneously file papers to take whatever enforcement action is required together with any necessary fees for that. It is suggested that you print and forward with the sealed or certified copy of the order a suggested form of cover sheet - Registration of Interstate Judgment (See Forms below). This sets out the professional costs and disbursements which can be claimed and allows you to calculate the amount for which the judgment will be registered in N.S.W. You can then use the total amount on that sheet to complete the amounts required on any simultaneous application for enforcement action.

Once the interstate judgment is registered in N.S.W. it has the same force and effect as if it were a judgment of this State. S.108, however, says that the interest rate which applies will be that of the Court in the original State or Territory and not the rate applicable in N.S.W. For that reason, it is suggested that you advise the N.S.W. court what that interest rate is. Provision is made to do that on the Cover Sheet - Registrar of Interstate Judgment.

The Registration of a interstate judgment in N.S.W. cannot be set aside. If the judgment debtor wants to set aside the judgment he must do that in the State where the order was originally made. He may apply to the N.S.W. by way of Notice of Motion to stay enforcement in N.S.W. while he takes action in the other state or Territory to set aside

the order.

Orders of N.S.W. Tribunals
The enforcement structures of the Local Court are often used to enforce orders made in other Courts or tribunals in this State. Part 39 Rule 3 requires that a certificate of that order be filed in the Local Court before enforcement action can be taken. Unfortunately, each tribunal tends to have their own rules with regard to registration procedures and so there is some variation in approach according to what type of order is being registered.

Most tribunals merely require that a sealed or certified copy of the order be filed in a Local Court. It is prudent to file it in a Local Court for the District where the cause of action arose or where the judgment debtor lives but this is not compulsory. Application for enforcement action may be applied for simultaneously with the lodgement of the order. A few jurisdictions require the order to be accompanied by an affidavit confirming the amount of the judgment debt then outstanding. Fees are charged for most but not all. Professional costs can rarely be claimed. The following is a simple summary:-

1. Consumer Claims Tribunal Order
Documents to be filed: Copy of Tribunal Order and Affidavit in Support
Fee to be paid to Court: Nil
Claimable Costs: Nil

2. Residential Tenancies Order
Documents to be filed: Copy of Tribunal Order
Fee to be paid to Court: Nil
Claimable Professional Costs: Nil

3. Criminal Costs or Compensation Order
Documents to be filed: Certificate of Conviction or Order
Fee to be paid to Court: $54.00
Claimable Professional Costs: Nil

4. Costs Assessment Order (Legal Profession Act, 1987)
Documents to be filed:Sealed copy of the Costs determination
Fee to be paid to Court:$54.00
Claimable Professional Costs:Nil

 

Forms
Click here to launch or download a suggested cover sheet - Registration of Interstate Judgment which sets out the scales of professional legal costs and other fees which can be claimed.
No of Copies: 2 (and 1 to keep on your file)
Service: Court should return one signed copy to you confirming registration and costs
Fee: $25.00
Costs: Fee for obtaining the order in your State or Territory plus professional legal costs as per scales printed on above suggested cover sheet plus the $25.00 registration fee charge din N.S.W.
Signed by: not applicable

Click here to launch or download a suggested Affidavit in Support (Consumer Claims Tribunal Act, 1987 S.35)
No of Copies: 1 (and 1 to keep on your file)
Service: Not applicable
Costs: Nil.
Signed by: Claimant.

 

Last updated: 7th February, 2000
Copyright: LAWconnect 7/2/00