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Enforcing an Australian property order in New Zealand, by Eugene Dukhovnikoff BA/LLB

There are three different categories for property orders obtained from Australian courts in regards to their enforceability in New Zealand. According to the Reciprocal Enforcement of Judgments Act 1934 (sub part 3):

  1. The High Court of Australia, the Federal Court of Australia and the Supreme Courts of the states and territories are deemed to be “superior courts” and as such the orders of those courts are able to be registered and enforced.
  2. The Australian County Courts or District Courts, Local Courts and Magistrates' Courts of the states and territories are deemed to be “inferior courts" and are also recognized meaning orders issued by those courts are enforceable.
  3. The Australian Family Court is neither in the first nor in the second of the abovementioned categories.

Therefore a party wishing to enforce such an order should either:

  • Apply to the New Zealand court under the Judicature Act 1908 and endeavor to obtain a summary judgment on the basis of an order made in Australia.
  • Register their order in an Australian State Court which would then bring it under the existing enforcement of judgments legislative umbrella.

Once the Trans-Tasman Proceedings Act 2010 would enter force these difficulties would be dealt with and we expect that an order made by the Australian Family Court will be recognized per se without any further steps needed to be taken.

 

No advice

This article contains general information about legal matters. The information is not advice, and should not be treated as such

Limitation of warranties

The legal information on this website is provided “as is” without any representations or warranties, express or implied.

There are three different categories for property orders obtained from Australian courts in regards to their enforceability in New Zealand. According to the Reciprocal Enforcement of Judgments Act 1934 (sub part 3):

  1. The High Court of Australia, the Federal Court of Australia and the Supreme Courts of the states and territories are deemed to be “superior courts” and as such the orders of those courts are able to be registered and enforced.
  2. The Australian County Courts or District Courts, Local Courts and Magistrates' Courts of the states and territories are deemed to be “inferior courts" and are also recognized meaning orders issued by those courts are enforceable.
  3. The Australian Family Court is neither in the first nor in the second of the abovementioned categories.

Therefore a party wishing to enforce such an order should either:

  • Apply to the New Zealand court under the Judicature Act 1908 and endeavor to obtain a summary judgment on the basis of an order made in Australia.
  • Register their order in an Australian State Court which would then bring it under the existing enforcement of judgments legislative umbrella.

Once the Trans-Tasman Proceedings Act 2010 would enter force these difficulties would be dealt with and we expect that an order made by the Australian Family Court will be recognized per se without any further steps needed to be taken.

 

No advice

This article contains general information about legal matters. The information is not advice, and should not be treated as such

Limitation of warranties

The legal information on this website is provided “as is” without any representations or warranties, express or implied.  East Asian Business Development Center L.P. and Simon Reeves Law Office make no representations or warranties in relation to the legal information on this website. Without prejudice to the generality of the foregoing paragraph, East Asian Business Development Center L.P. and Simon Reeves Law Office do not warrant that: the legal information on this website will be constantly available, or available at all; or the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

makes no representations or warranties in relation to the legal information on this website. Without prejudice to the generality of the foregoing paragraph, Simon Reeves Law Office does not warrant that: the legal information on this website will be constantly available, or available at all; or the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

Reeves/Duhovnikoff & Associates Ltd. 2017

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