S. 21. Definition of b) if there is no Court of like jurisdiction in such other State or part, to the registrar or other proper officer of a District or County Court or other inferior Court of Record having civil jurisdiction in such State or part, such officer shall forthwith register the same by entering the particulars thereof in a book to be kept by such officer and to be called "The Australian Register of Judgments." (2) From the date of such registration such certificate shall become and be a record of such Court, and shall have the same force and effect in all respects as a judgment of such Court, and the like proceedings may be taken upon such certificate as if the judgment had been a judgment of such Court. (3) No certificate of a judgment shall be so registered after the lapse of twelve months from the date of the judgment, unless leave in that behalf has first been obtained from the Court in which the certificate is proposed to be registered or from a Judge thereof. Register.-See R. 9 Reg. Gen. of 23rd December, 1902 (post). A certified copy of the certificate may be issued, R. 14, p. 496. The certificate must be filed before registration, R. 11 (post), p. 496. As to title of affidavit and proceeedings, sec. R. 21 ; and costs, R. 24 (post) p. 497. Proceedings. The proceedings referred to in this section must be something in the way of an execution of the judgment. In Re Richards, Ex parte Maloney, (1902) 19 W.N. 152, Walker, J., held the word "proceedings" was amply large enough to include the issue of a bankruptcy notice. In Victoria, however, Judge Chomley, in the case of Bennett v. Cohen, (1901) 7 A.L.R. C.N. 96, held that the expression did not include a fraud summons under the "Imprisonment of Fraudulent Debtors Act, 1890" (Victorian) (No. 1100). 22. For the purposes of the last preceding section any purposes of last Court mentioned in any of the following sub-sections shall be deemed to be a Court of like jurisdiction with any other Court mentioned in such sub-section, namely: preceding section. Execution not to issue unless affidavit of liability filed. (a) The Supreme Courts of the several States : (b) The Vice-Admiralty Courts in the States of New South Wales and Victoria, and the Supreme Court of any other State in its Admiralty jurisdiction: (c) District Courts and County Courts and any inferior Courts of Record having civil jurisdiction: (d) Small Debts Courts and Courts of Petty Sessions and any inferior Courts of Record having civil jurisdiction to hear and determine cases in a summary way. 23. No execution shall be issued or other proceedings taken upon such certificate unless an affidavit is first filed in the Court out of which it is intended to issue such execution or take 49 Vic. No. 4, such proceedings made by the person in whose favour the judgment was given or made or by some other person cognizant of the facts of the case, stating- (F.C.) s. 6. (a) that the amount for which execution is proposed to be issued is actually due and unpaid; or (b) that an act ordered to be done remains undone; or (c) that the person ordered to forbear from doing an act has disobeyed the order, and no execution shall be issued for a larger amount than that sworn to. Affidavit-That the amount is actually due and unpaid.-A bankruptcy notice may be issued in this State, on a certificate obtained and registered in accordance with the provisions of this Act, of a judgment of the Supreme Court of another State, if an affidavit be first filed stating that the amount for which it is proposed to issue the bankruptcy notice is actually due and unpaid: Re Richards, Ex parte Maloney, (1902) 19 W.N. 152. Proceedings must be taken within thirty days of filing the affidavit unless a Judge extends the time: R. 16 Reg. Gen. of 23rd December, 1902 (post), p. 496. Proceedings taken must be notified to the proper officer of the Court in which the certificate is registered, and he must note them in the Register: RR. 17-19 (post). p. 497. Proceedings taken in a jurisdiction of the Court other than that in which the judgment is registered must be notified by the Registrar or other officer of the jurisdiction in which the proceedings are taken to the Registrar or other officer in the jurisdiction in which the judgment is registered: R. 15 (post). S. 23. subject to the Court. 24. The Court in which any such certificate of a judgment Proceedings has been registered and the Judges thereof shall, in respect of control of the execution upon the certificate and the enforcement of the judg- 49 Vict. No. 4 ment, have the same control and jurisdiction over the judgment (F.c.), 7. as if the judgment were a judgment of such Court. proceedings. 28. (1) The Court in which any such certificate of a judg- Stay of ment has been registered or a Judge thereof may, on the application of any person against whom the judgment has been given or made, order a stay of proceedings on such certificate. (2) Such order may be made on such terms as to giving security, or as to making application to the Court by which the judgment was given or made, to set aside the same, or otherwise, as to the Court or Judge may seem fit. 26. (1) When-- (a) Any certificate of a judgment is registered in any Court; Notification of or proceedings ment. (b) Any execution is issued or other proceedings are taken tion of judg in any Court upon any such certificate; or (c) Satisfaction of the judgment either in whole or in part is entered in any Court upon any such certificate; the Registrar or other proper officer of that Court shall forthwith notify the same in writing under the seal of the Court to the Registrar or other proper officer of the Court in which the judgment was given or made. (2) When any judgment whereof a certificate has been registered in any Court has been satisfied in whole or in part, the Registrar or other proper officer of the Court in which the judgment was given or made shall forthwith, upon such satisfaction being made or notified as the case may be, enter such satisfaction upon the judgment and notify such satisfaction in writing under the seal of the Court to the Registrar or other proper officer of every other Court in which a certificate of the judgment has been registered, and such satisfaction shall thereupon be entered upon every such certificate. See additional Reg. Gen. of 23rd December, 1902 (post), p. 499; and R. 13 Reg. Gen. 23rd December, 1902 (post), p. 496. S. 27 Judges of PART V. RULES AND REGULATIONS. 27. (1) The Judges of the Supreme Court of any State, or Supreme Courts such of them as may make Rules of Court in other cases, may may make rules. Governor General may make regu lations. make Rules (a) for prescribing the practice and procedure in connexion with the service of the process of the Courts of such State under this Act, and the execution and enforcement by such Courts of the process and judgments of the Courts of other States and parts of the Commonwealth; and (b) for prescribing the fees to be paid in connexion with the service of the process of the Courts of such State under this Act, and the execution and enforcement by such Courts of the process and judgments of the Courts of other States and parts of the Commonwealth, and the costs to be allowed to any person upon enforceing any such judgment (which fees and costs may be recovered in the same manner as any money payable under the judgment). (2) Until such rules have been made and as far as any made do not provide for the circumstances of any particular case the practice and procedure of the State in which the process is issued or in which the service is effected or the execution is enforced respectively shall apply as far as practicable. See Rules (post), pp. 495-499. 28. (1) The Governor-General may make regulations for carrying out the provisions of this Act and in particular for further applying the provisions of this Act or any of them to the service of the process of the Courts of the territories of the Commonwealth, and for the execution and enforcement by such Courts of the process and judgments of the Courts of the States and of other parts of the Commonwealth. (2) All such regulations shall be notified in the Gazette, and shall thereupon have the force of law. (3) All such regulations shall be laid before both Houses of the Parliament within thirty days after the making thereof, if the Parliament be then sitting, and if not then within thirty days after the next meeting of the Parliament. WHEREAS proof upon oath has this day been made before me that the name of J.S. subscribed to the within warrant is in the handwriting of the within-mentioned [Justice of the Peace of the State of New South Wales*], I hereby authorize W.T., who brings me this wrarant, and all other persons to whom this warrant was originally directed or by whom it may be lawfully executed, and also all constables and other peace officers of the [State of Queensland*], to execute this warrant within the [State of Queensland*], and to bring the said A.B., if apprehended within the [State of Queensland*], before me or before some [Justice of the Peace of the State of Queensland*] to be dealt with according to law. Sch. 2. Section 18. I certify that this certificate correctly and fully sets forth the particulars of a judgment given in this Court, on the day of in a suit wherein A.B. L.M. [Prothonotary, Registrar, or other proper officer.] RULES OF COURT. THE 23RD DAY OF DECEMBER, A.D. 1902. IN pursuance of the powers vested in us under the Service and Execution of Process Act, 1901, we, the Judges of the Supreme Court of New South Wales, do order and direct as follows: PRELIMINARY. Rules to apply to all Courts of Record. 1. These Rules, except where the subject-matter or context otherwise indicates or requires, shall apply to every Court of Record of New South Wales. "The Act" means the Service and Execution of Process Act, 1901; All expressions have the same meaning as the like expressions in the Act. SERVICE OF PROCESS. Proceedings may be served by any person. 3. Every writ, notice, decree, or process requiring service under the Act may be served by any person. Section 20. R. 4. Original need not be produced unless demanded. 4. In cases where service of any writ, notice, decree, or process is effected by the delivery of a copy thereof, it shall not be necessary to the regular service of such writ, notice, decree, or process that the original should be shown, unless sight thereof is demanded. Indorsement of date, &c. 5. The person serving any writ, notice, decree, or process shall, within three days after such service, indorse thereon (or upon a copy thereof where service is effected by delivery of the original) the day of the month and week of such service, and the name or description of the person upon whom such writ, notice, decree, or process was served. Affidavit of service. 6. Every affidavit of service shall mention the day on which such indorsement was made. EXECUTION OF WARRANTS. Person arrested on warrant to have time to apply for discharge, &c. 7. When any person has been apprehended under section 18 of the Act, and a Justice of the Peace orders him to be returned to the State or part of the Commonwealth in which the warrant was issued, such Justice shall, if so required by such person, make such order respecting the time when such person is to be so returned as in the opinion of such Justice will allow such person reasonable opportunity to apply under the said section to a Judge of the State for his discharge or for such other order as such Judge may think fit. Order may be made by Judge. 8. A Judge may on application ex parte by or on behalf of such person make a like order. ENFORCEMENT OF JUDGMENTS. Register in each jurisdiction of Supreme Court. 9. A book, to be called "The Australian Register of Judgments," shall be kept by the Prothonotary of the Supreme Court, and also by the Master in Equity and by the Registrar in every other jurisdiction of the said Court. Such book shall be in the Form No. 1 contained in the First Schedule hereto. Register in inferior Courts. 10. A like book shall be kept by the Registrar of every District Court and by the officer in charge of the records of every other inferior Court of Record having civil jurisdiction in the State. Certificate to be filed. 11. Every certificate of a judgment shall be filed before the same is registered. Registration to be noted on Certificate. 12. The officer registering any certificate shall note thereon the date of such registration and the registration number. Notices to be filed. 13. When any notification is made under section 26 of the Act, a copy thereof shall be filed. Certified copy of certificate registered in any jurisdiction. 14. Any person having registered a certificate of a judgment in any jurisdiction of the Supreme Court may obtain from the proper officer thereof a copy of such certificate, certified under the hand of such officer and the office seal. The said copy shall have the same force and effect as a certified copy of a judgment of the said Court. Notification of proceedings in other jurisdictions. 15. Where a certificate of a judgment has been registered in any jurisdiction of the Supreme Court, and proceedings are taken thereupon in any other jurisdiction of the said Court, the Registrar or other proper officer in such other jurisdiction shall forthwith notify the same in writing to the Registrar or other proper officer in the jurisdiction in which such certificate has been registered. The like notification shall be given of the result of such proceedings. Affidavit of liability. 16. No execution shall be issued or other proceedings taken upon a certificate registered in any Court unless such execution is issued or such proceedings are commenced within thirty days next after the making of the affidavit required by section 23 of the Act, or within such further time as the Court or a Judge thereof may order. Such order may be made ex parte. |