Notices to the Profession

Updated Practice Notes

13 August 2024

On 12  August 2024, the Court published two updated general practice notes that  concern foreign judgments (GPN-FRGN Foreign Judgments) and  overseas service and evidence (GPN-OSE Overseas Service and Evidence).

GPN-FRGN Foreign Judgments practice note

The updates  to GPN-FRGN Foreign Judgments practice note are summarised as follows. The  additions:

• clarify the material  that needs to accompany the application for registration of a New Zealand judgment  and how it is to be provided to the Court;
• provide for the  Court to issue an order confirming registration;
• clarify that notice  by the party who has the benefit of a New Zealand judgment that is registered  must be given to every person liable in the judgment within 15 days of the day  of registration of that judgment;
• highlight that an  application under the Foreign Judgments Act 1991 (Cth) must be made within 6  years of the judgment; and
• provide that a party  seeking to set aside registration of the judgment or to stay the enforcement of  the judgment must make an interlocutory application in the proceeding in which  the judgment was registered, accompanied by a supporting affidavit. The interlocutory  judgment must be made within 14 days after the date of service of the order of  registration.

GPN-OSE Overseas Service and Evidence practice note

The proposed updates to this practice note bring it  in line with certain changes made to the Federal Court Rules 2011 (Cth), introduced by the Federal Court Legislation Amendment Rules  2022 (Cth) and minor amendments pursuant to the Federal Court Legislation  Amendment Rules 2024 (Cth).

D S Mortimer
Chief Justice
Date: 13 August 2024