Skip to content

3 Things to Know About Enforcing Foreign Judgments in Australia

A business’ network now crosses several international borders, and it is becoming increasingly common for an individual or company to enter into agreements or hold assets in multiple countries. How to enforce a foreign judgment is then helpful to understand, particularly when the judgment debtor no longer resides in the country, or when the judgment debtor has assets or money in another country that could satisfy the debt. We set out below three ways that you can enforce and register a foreign judgment in Australia.

What Factors Do I Need to Consider?

Enforcing a foreign judgment in Australia depends on:

  1. The country where the judgment was issued; and
  2. The type of judgment that was issued (e.g. monetary or non-monetary judgment).

In Australia, there are three main ways to enforce a foreign judgment:

  1. Statutory enforcement;
  2. Enforcement through a treaty; or
  3. Enforcement under common law.

1. Enforcing a Judgment Through Statutory Enforcement

You should first determine whether you can enforce the judgment in Australia under the Foreign Judgments Act 1991 (Cth) (FJA). Under the FJA, if parties entered into a judgment outside Australia, you can register the judgment in Australia to enforce against the debtor (the individual or company owing the money). Although the FJA is the easiest way to register a foreign judgment, it has a limited application.

What Judgments Can Be Registered Under the FJA?  

A foreign judgment must satisfy the following conditions before its registration:

  • The judgment must be final and conclusive;
  • It must be an enforceable ‘money judgment’(i.e. a judgment for the payment of money);
  • The parties to the registration must be the same as the parties to the judgment; and
  • The judgment must be from a prescribed court of a country listed in the Schedule of the Foreign Judgments Regulations 1992 (Cth).

Under the FJA, a party must make an application to register a foreign judgment within six years of the judgment date.

Continue reading this article below the form
Loading form

2. Enforcement Under Other Legislation and Treaties

If the foreign judgment is unenforceable under the FJA, parties can try enforcing the judgment under a bilateral treaty that Australia is a party to. For example, Australia and the UK are parties to the agreement Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters 1994. Likewise, judgments from New Zealand are registerable under the Trans-Tasman Proceedings Act 2010 as both Australia, and New Zealand are parties to this act.

3. Common Law Enforcement

If parties cannot register the judgment under the FJA, and a bilateral treaty does not apply to the particular country, the judgment may be enforced under the common law. Enforcing a foreign judgment under common law commences in the same way as any other court proceedings. Determining what court to initiate proceedings in depends on various factors including the monetary amount sought and the location of assets that can be used to satisfy the judgment.

Before enforcing a foreign judgment under the common law, the Court must be satisfied that the judgment is the following:

  1. Final and conclusive;
  2. For a definite sum of money;
  3. Parties to the Australian proceedings must be the same as the parties to the foreign judgment; and
  4. The foreign court had jurisdiction over the judgment debtor.

If you have questions about enforcing a debt or settling a dispute, get in touch with LegalVision’s dispute resolution lawyers by calling 1300 544 755 or by filling in the form on this page.

Register for our free webinars

Demystifying M&A: What Every Business Owner Should Know

Online
Understand the essentials of mergers and acquisitions and protect your business value. Register for our free webinar.
Register Now

Social Media Compliance: Safeguard Your Brand and Avoid Common Pitfalls

Online
Avoid legal pitfalls in social media marketing and safeguard your brand. Register for our free webinar.
Register Now

Building a Strong Startup: Ask a Lawyer and Founder Your Tough Questions

Stone & Chalk Tech Central, Level 1 - 477 Pitt St Haymarket 2000
Join LegalVision and Bluebird at the Spark Festival to ask a lawyer and founder your startup questions. Register now.
Register Now

Construction Industry Update: What To Expect in 2026

Online
Stay ahead of major construction regulatory changes. Register for our free webinar.
Register Now
See more webinars >
Emma George

Emma George

Read all articles by Emma

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards