Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 32Z

Stay of enforcement of registered judgment

             (1)  If the Federal Court is satisfied that a judgment debtor under a registered New Zealand judgment:

                     (a)  has applied, or intends to apply, to have the judgment set aside; or

                     (b)  has appealed, or intends to appeal, against the judgment;

the Federal Court may order that enforcement of the judgment in Australia be stayed pending the final determination of the application or appeal, until a specified day or for a specified period.

             (2)  If the Federal Court makes an order on the ground:

                     (a)  that a person intends to apply to have a judgment set aside; or

                     (b)  that a person intends to appeal against a judgment;

the Federal Court must require the person, as a condition of the order, to make the application or bring the appeal by a specified day or within a specified period.

             (3)  Every order is to be made on the condition that the judgment debtor pursues the application or appeal in an expeditious manner.

             (4)  An order may be made on such other conditions, including conditions relating to giving security, as the Federal Court thinks fit.



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