Cross-Border Enforcement Guideline - New South Wales, Australia

2025-07-31

（One）With which jurisdictions does this jurisdiction have reciprocal arrangements for enforcement of civil and commercial judgments?

New South Wales recognizes foreign judgments under the Foreign Judgments Act 1991 (Cth), which implements reciprocal enforcement treaties with the France, Germany, Italy, Japan, South Korea, UK, Canada (Alberta, British Columbia and Manitoba), Singapore, and other Commonwealth nations. Additionally, the Trans-Tasman Proceedings Act 2010 facilitates enforcement of New Zealand judgments. Judgments from non-reciprocal jurisdictions may still be enforced at common law.

（Two）If there is no reciprocal arrangement, is it still possible to enforce a foreign civil and commercial judgment?

Yes, through a common law claim if the judgment is final, for a fixed sum, and from a court of competent jurisdiction. The parties involved must also be identical.

（Three）*What is the approximate time required to register and enforce a foreign civil and commercial judgment if uncontested?

Pursuant to the Foreign Judgments Act 1991 (Cth), judgments from jurisdictions with reciprocal enforcement arrangements may be registered and enforced through a streamlined procedure, typically takes 6 months or more. Judgments from non-reciprocal jurisdictions require a case-specific evaluation.

（Four）*What is the approximate time required to register and enforce a foreign civil and commercial judgment if contested?

For judgments from reciprocal jurisdictions, the enforcement period is significantly extended in contested cases, potentially requiring 1 year or more. Judgments from non-reciprocal jurisdictions require a case-specific evaluation.

（Five）*What is the approximate cost of registering and enforcing a foreign civil and commercial judgment (including court fees and other disbursements) if uncontested?

Legal fees in Australia are generally substantial and require a case-specific evaluation.

（Six） *What is the approximate cost of registering and enforcing a foreign civil and commercial judgment (including court fees and other disbursements) if contested?

Legal fees in Australia are generally substantial and require a case-specific evaluation.

（Seven）Are there any unusual difficulties in enforcing a foreign civil and commercial judgment?

Challenges include proving the foreign court’s jurisdiction, proving the finality of the foreign judgement (with no possibility of appeal), public policy objections (e.g., punitive damages), and debtor asset concealment. Chinese judgments face scrutiny due to the lack of formal reciprocity with Australia.

（Eight）If there is no agreement or reciprocal arrangement, is it possible to enforce a judgment rendered by a court in this jurisdiction, which was rendered through a civil action based on a civil and commercial judgment in force in Mainland of China?

Yes, via common law principles if the judgment meets NSW standards (final, monetary, and impartial).

（Nine）Which types of foreign civil and commercial judgments can be recognized and enforced in this jurisdiction?

Money judgments are primary; non-monetary judgments (e.g., injunctions) may require separate proceedings.

（Ten）What are the practices and channels for investigating the properties of the executor?

Creditors may use subpoenas for bank records, land registry searches, or court-ordered debtor examinations. Alternatively, legal professionals can issue subpoenas or court orders to compel the executor to disclose information about the estate's assets. Private investigators often assist in locating hidden assets.

（Eleven）What is the framework and standard for attorneys’ fees for the enforcement of foreign civil and commercial judgments? Is contingency fee possible?

Hourly or fixed fees; contingency fees are prohibited except in limited class actions.

ARBITRATION AWARDS 

（Twelve）Is this jurisdiction a party to the New York Convention?

Yes, Australia ratified the Convention in 1975.

（Thirteen）*What is the approximate time required to register and enforce a foreign arbitration award if uncontested?

In uncontested cases, the registration and enforcement of a foreign arbitration award may require 4 months or more.

（Fourteen）*What is the approximate time required to register and enforce a foreign arbitration award if contested?

In contested cases, the enforcement period for foreign arbitration awards is significantly extended and require a case-specific evaluation.

（Fifteen）*What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if uncontested?

Legal fees in Australia are generally substantial and require a case-specific evaluation.

（Sixteen）*What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if contested?

Legal fees in Australia are generally substantial and require a case-specific evaluation.

（Seventeen）Are there any unusual difficulties in enforcing a foreign arbitration award?

Rare, but challenges may arise under the International Arbitration Act 1974 (e.g., arbitrator bias or procedural irregularities). Australian courts generally enforce awards unless serious defects exist.

LIMITATION

（Eighteen）What is that limitation period of the enforcement of foreign civil and commercial judgement or arbitration in this jurisdiction?

12 years for judgments (Limitation Act 1969 NSW); 3 years for arbitration awards.

（Nineteen）What papers will be needed for the enforcement of a foreign judgement or arbitration award in this jurisdiction?

Certified judgment/award, English translation, and proof of enforce ability in the originating jurisdiction.

（Twenty）What is the general procedure and methods to enforce a foreign civil and commercial judgement in this jurisdiction (e.g.  Garnishee Proceedings, Charging Order, Stop Notice, Enforcement of charging order by sale, Writ of Fi Fa, Examination of judgment debtor, Winding-up Petition)?

Methods include writs of execution (for seizing assets), garnishee orders (for debts owed to the debtor), charging orders (over real property), and examination orders (to compel debtor disclosure). NSW courts may also appoint receivers or issue freezing orders. These methods are governed by the Civil Procedure Act 2005 (NSW) and the Uniform Civil Procedure Rules 2005 (NSW).

（Twenty-one）How to recover all fees and costs of enforcement?

Enforcement costs are typically added to the judgment debt and recoverable through asset seizure or garnishment.

*Note regarding time/cost estimates throughout this questionnaire:

Time/costs estimates are based on the assumption that the other party fully cooperates with the relevant legal procedures, which rarely happens in practice. Even without opposition, enforcement can face unexpected delays due to changing legislation or bureucratic hold-ups. Additionally, as litigation in this jurisdiction is adversarial in nature, when litigation is involved, the actual time and costs of the relevant legal procedures are in large part determined by the parties' litigation strategies. As such, it is almost impossible to provide a general but accurate cost/time estimate, and clients should instead seek a case-by-case evaluation for more specifically accurate estimates.