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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 application must be in the form prescribed by the Trans-Tasman Proceedings Regulation 2012 (Cth).
Form 5 contained in Schedule 1 to the Regulations must be filed with a sealed, certified or otherwise authenticated copy of the New Zealand judgment.
In most cases the application will be dealt with by a judicial officer on the papers without appearance in Court.
The Judgment Creditor can request the judgment be registered in a particular currency.
If a rate of exchange is required for conversion, the applicable rate of exchange to be used is the exchange rate published by the Reserve Bank of Australia (RBA) for the day before the date the application is being made in the Court.
Note: The Reserve Bank of Australia exchange rate is published at www.rba.gov.au.
Interest on a sum of money payable under a registered NZ judgment is payable at the same rate or rates and in respect of the same period or periods as would be applicable in the original NZ Court or Tribunal.
The relevant Court filing fee [circa $125 in the Federal Court, subject to change with each Court prescribing its own filing fees] must be paid at the time the application is made.
New Zealand judgments must be registered in Australia within six years of the date of the judgment.
Once registered, the judgment creditor must give notice of registration to the judgment debtor within 15 working days after registration.
This notice must be delivered:
✅ By registered post to the judgment debtor's last known address; or
✅ Handed to the judgment debtor.
Once properly registered, the New Zealand judgment has the same force, and may be enforced in the Australian Court, as if the judgment had been given by the Australian Court.
A hard copy of a sealed, certified or otherwise authenticated copy of the New Zealand (NZ) Judgment must be physically filed at the Court with the application or if filed by fax or email - within 15 working days after the application is filed.
Once a New Zealand judgment has been registered in Australia there are only very limited grounds for it to be set aside.
Applications to set aside registration must be made within 30 working days of the date the judgment debtor was provided with notice of the registration.
A registered New Zealand judgment can be set aside only on the following grounds:
❌ The judgment is contrary to Australian public policy;
❌ The judgment was registered in contravention of the Trans-Tasman Proceedings Act 2010 (Cth); or
❌ The subject matter of the judgment given was immovable property or an in rem judgment relating to movable property where neither the immovable or movable property was situated in New Zealand.
Source:
The registration regime for the enforcement of New Zealand judgments in Australia is contained in Part 7 of the Trans-Tasman Proceedings Act 2010 (Cth).
Notes:
1️⃣ Judgments (other than judgments that impose a civil pecuniary penalty or a regulatory regime criminal fine) may be registered in any superior Australian Court.
A superior Australian Court is the Federal Court, Family Court or any Supreme Court or any other Australian Court (except for the High Court) that has the power to give the relief pursuant to the New Zealand Court judgment.
2️⃣ Judgments which impose a civil pecuniary penalty (other than a Market Proceeding Judgment) may be registered in any superior Australian Court or any other court that has the power to impose a civil pecuniary penalty of the same value as the penalty imposed by the New Zealand judgment.
3️⃣ Judgments to impose a regulatory regime criminal fine (other than a Market Proceeding Judgment) may be registered in any superior Australian Court.
4️⃣ Market Proceeding Judgments must be registered in the Federal Court.
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In order to reduce the need to send Letters of Demand/Statutory Demands in the future, it is worthwhile to conduct a root cause analysis which might include the following questions:
✅ Did you perform reference checks on the Debtor?
✅ Did you perform a credit check before extending credit?
✅ If you are dealing with a company, did you obtain a personal guarantee from the company directors to support the account?
✅ Does your written agreement include a term granting you the right to secure a charge against the Debtor's current +/or future real and/or personal property?
✅ Do you have a written agreement with the Debtor, which includes payment terms, address for service, and the capability to serve notices via email/fax?
✅ Did you engage a lawyer to prepare your written agreement with the debtor or your standard terms of trade?
Credits:
This FAQ was written 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.
As of 1 January 2021, temporary legislative changes implemented due to COVID-19 ceased, and the following changes apply for individuals and companies:
⚖️ The minimum debt threshold for creditors to apply for a bankruptcy notice against an individual has reduced from the temporary amount of $20,000 to the new permanent amount of $10,000.
⚖️ The timeframe for a debtor to respond to a bankruptcy notice has reverted to 21 days. This means if a bankruptcy notice is issued on or after 1 January 2021, the debtor will have 21 days to respond.
⚖️ The period for temporary debt protection for debtors has reverted to 21 days.
⚖️ For more information, see the Australian Financial Security Authority.
⚖️ The minimum debt threshold for creditors to issue a statutory demand against a company has reverted to $2,000.
⚖️ The timeframe for a debtor to respond to a statutory demand has reverted to 21 days.
This means if a statutory demand is issued on or after 1 January 2021, the debtor will have 21 days to respond.
⚖️ For more information, see Insolvency reforms to support small business.
If you receive a bankruptcy notice or statutory demand, you should seek independent legal advice or contact a financial counsellor.
Source: ACCC Debt Collection Guideline for Collectors & Creditors.
The Australian Competition & Consumer Commission (ACCC) & the Australian Securities & Investments Commission (ASIC) have published:
➲ Joint Debt Collection Guidelines.
Both the ACCC and ASIC enforce Commonwealth consumer protection laws, including laws relevant to debt collection.
The ACCC and ASIC have jointly produced this guideline which aims to assist creditors, collectors and debtors understand their rights and obligations, and ensure that debt collection activity is undertaken in a way that is consistent with consumer protection laws.
The guide was originally published in 2005 and has been updated to reflect significant changes to the law, such as the introduction of the Australian Consumer Law in 2011, the National Consumer Credit Protection Act 2009, and privacy laws and principles.
Source: ACCC Debt collection guideline for collectors & creditors
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;
✅ Judgments registered under the Reciprocal Enforcement of Judgments Act 1934 (NZ); and
✅ Reseal of Probate (see below discussion).
❌ 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.
➲ 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.
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