What types of New Zealand (NZ) Court Judgments can and cannot be registered for enforcement in Australia?

What types of NZ Judgments can be registered for enforcement in Australia?

The following is a non-exhaustive list of the types of NZ judgments can be registered for enforcement via the Australian Courts:

✅ Money judgments;

✅ Non-money judgments (only if not excluded by the regulations);

✅ Judgments in criminal proceedings that involve an obligation to pay an Injured party compensation, damages or reparation;

✅ Judgments that involve a regulatory regime criminal fine;

✅ Judgments in Market Proceedings; and

✅ Judgments registered under the Reciprocal Enforcement of Judgments Act 1934 (NZ).

The following NZ judgments cannot be registered for enforcement in Australia

❌ Orders under proceeds of crime legislation;

❌ In specified circumstances detailed in the regulations relating to orders in whole or in part made by a NZ Court under the Insolvency (Cross-Border) Act 2006 (NZ).

❌ Orders relating to the granting of probate or letters of administration - for orders of this type you will need to consider whether the relevant Australian State or Territory Probate Court will reseal the grant.

For more information, please see the discussion and example below.

❌ Guardianship orders;

❌ Non-money judgments (if excluded by the regulations);

❌ Orders relating to the welfare, control and care of a child;

❌ Judgments which are not final and conclusive (including freezing orders); and

❌ Judgments which are not enforceable in the original New Zealand Court or Tribunal.

Reseal of Probate

If a deceased had assets in different states of Australia or in certain countries, namely Commonwealth countries where the Queen is the head of state, then it is generally possible to have a Grant of Probate issued by a Court in one jurisdiction recognised in another state or country.

This process of recognising the grant made in the other state or country is called resealing the grant.

NSW Reseal of Probate example:

Not all Grants from other countries can be resealed by the Supreme Court of NSW.

The Probate Court will only reseal Grants made in countries of the "Commonwealth Realm" where the Queen is, or was at the time of the grant, Head of State.

Such countries include the United Kingdom (England, Scotland, Wales and Northern Ireland), New Zealand, Papua New Guinea and Solomon Islands.

Recent grants from the following countries cannot be resealed: Malta, South Africa, Pakistan, India, Sri Lanka, Fiji, Hong Kong or The Republic of Ireland.

If a grant cannot be resealed then it may be necessary to apply for a new Grant of Probate in NSW.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.