By Renee Smith a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group
Imagine this situation. You obtain an order in your favour against the judgment debtor in relation to debts owing to you. You go to collect your monies and realise the judgment debtor has moved states! Can you still enforce the judgment and collect on your debt?
The answer is yes. There is a process which is regulated under the Service and Execution of Process Act 1992 (Cth) which creates the required national rules and procedures so that court decisions can be registered and enforced in any state of Australia.
It is important to check with the particular state in which you wish to register the judgment, however in general, to register an interstate judgment you will need to:
- Obtain a sealed or certified copy of the interstate judgment or order;
- Lodge the appropriate completed application along with a supporting affidavit and the sealed copy of the interstate judgment or order with the registrar of the appropriate court with the jurisdiction; and
- Pay the relevant filing fee.
After the interstate judgment is registered, it can be enforced as if it were a local judgment in that particular state. See our other articles for different types of enforcement options that are available.
If you are interesting in knowing more about or require assisting in registering an interstate judgment in NSW or other states, contact a Principal of the Matthews Folbigg Insolvency, Restructuring & Debt Recovery Group:
Jeffrey Brown on (02) 9806 7446 or jeffreyb@matthewsfolbigg.com.au
Stephen Mullette on (02) 9806 7459 or stephenm@matthewsfolbigg.com.au
