This article was written by Jialin Liu Solicitor at W & G Lawyers.
Cross-border debt recovery: requirements, procedure and key risks
You have obtained a favourable judgment in China, but the judgment debtor has moved to Australia or holds real property, bank accounts, company shares or other assets here. Whether the judgment can be enforced in Australia usually turns on two separate questions:
- whether the Chinese judgment satisfies the Australian common law requirements for recognition; and
- whether the judgment debtor has assets in Australia against which enforcement can practically occur.
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