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Modification of this Act in relation to Commonwealth

Reciprocal Enforcement of Foreign Judgments Act 1959

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Proposed text

Where an order is made under section 3 extending Part 1 to a part of the Commonwealth to which the Reciprocal Enforcement of Commonwealth Judgments Act 1921 applies, Part 1 shall in relation to that part of the Commonwealth have effect as if —(a)in the case of a judgment registered under the Reciprocal Enforcement of Commonwealth Judgments Act 1921 before the date of coming into operation of the order, the expression “judgment” —(i)means any judgment or order given or made by a court in any civil proceedings by which any sum of money is made payable (not being a sum payable in respect of taxes or other charges of a similar nature or in respect of a fine or other penalty); and(ii)includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place;(b)the fact that a judgment was given before the coming into operation of the order did not prevent it from being a judgment to which Part 1 applies, but the time limited for the registration of a judgment were, in the case of the judgment so given, 12 months from the date of judgment or such longer period as may be allowed by the General Division of the High Court; and(c)any judgment registered in the General Division of the High Court under the Reciprocal Enforcement of Commonwealth Judgments Act 1921 before the coming into operation of the order had been registered in the General Division of the High Court under Part 1 and anything done in relation thereto under the Reciprocal Enforcement of Commonwealth Judgments Act 1921 or any Rules of Court or other provisions applicable to that Act had been done under Part 1 or the corresponding Rules of Court or other provisions applicable to that Part.

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