Enforcing a foreign judgment in Australia
Enforcing a foreign judgment in Australia follows one of two pathways. If the foreign country is listed under the Foreign Judgments Act 1991, the judgment can be registered and enforced directly. If not, the judgment creditor must commence fresh proceedings at common law and prove the foreign judgment creates a debt obligation.
This is an 8-step workflow for enforcing a foreign judgment in an Australian court. The process depends on whether the judgment comes from a country covered by the Foreign Judgments Act 1991 (Cth) (registration pathway) or requires common law enforcement by commencing fresh proceedings.
Before you start
- Certified copy of the foreign judgment
- Evidence that the judgment is final and enforceable in the country of origin
- Details of the judgment debtor's assets or presence in Australia
- Translation of the judgment if not in English (certified translation)
The workflow
Determine the enforcement pathway
Check whether the foreign country is listed in the Foreign Judgments Regulations 1992 (Cth). If listed, the judgment can be registered under Part 2 of the Foreign Judgments Act 1991. If not listed, common law enforcement proceedings are required.
Verify the judgment meets enforcement criteria
Confirm the judgment is final and conclusive, is for a fixed sum of money (for registration), and was obtained from a court of competent jurisdiction. Check for any defences: fraud, denial of natural justice, or public policy.
Prepare the registration application or statement of claim
For the registration pathway, prepare the application to register the judgment under section 6 of the Foreign Judgments Act. For common law enforcement, draft a statement of claim pleading the foreign judgment as creating a debt obligation.
File in the appropriate Australian court
File the application or proceedings in the appropriate court. Registration applications are typically filed in a state Supreme Court or the Federal Court. Choose the court based on where the judgment debtor's assets are located.
Serve the judgment debtor
Serve the registration notice or originating process on the judgment debtor. For registration, the judgment debtor has a right to apply to set aside the registration within the prescribed period (typically 14 days for Australian residents).
Respond to any setting-aside application
If the judgment debtor applies to set aside registration or defends the common law proceedings, respond to the grounds raised. Common grounds include lack of jurisdiction, fraud, breach of natural justice, or that the judgment is not final.
Obtain the enforcement order
Once the registration becomes final (no setting-aside application or application dismissed) or judgment is obtained at common law, the foreign judgment has the same force as an Australian judgment and can be enforced accordingly.
Execute the judgment
Enforce the judgment using standard Australian enforcement mechanisms — garnishee orders, writs of execution against property, examination notices, or charging orders. Consider whether any assets are held in corporate structures that require further steps.
What you will have at the end
The foreign judgment is registered or recognised in Australia and enforced against the judgment debtor's Australian assets using standard domestic enforcement mechanisms.
Common issues
- Assuming all foreign judgments can be registered when the country is not listed in the Regulations
- Not checking whether the foreign court had jurisdiction under Australian private international law rules
- Missing the time limit for registration (6 years from the date of the judgment)
- Judgment debtor successfully arguing denial of natural justice in the foreign proceedings
- Difficulty locating and executing against the judgment debtor's Australian assets
Run this workflow on a real matter
Quillio researches which countries are covered by the Foreign Judgments Act, analyses enforcement defences, and helps draft registration applications — saving hours of cross-referencing. See /practice-areas/litigation-lawyers or start a free trial.
This workflow covers enforcement of foreign money judgments. Non-money judgments, arbitral awards (governed by the International Arbitration Act 1974), and family law orders follow separate enforcement regimes.
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