This article was written by Nancy Wang Principal Solicitor at W & G Lawyers.
A recent decision of the Supreme Court of Queensland has provided helpful clarification on the registration of foreign judgments in Australia, and in particular on what is meant by the “amount payable under” a judgment where the foreign court has ordered that the debt be paid in instalments.
In FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2026] QSC 63, McCafferty J dismissed an application to set aside the registration of an English judgment, holding that the words “amount payable under” a judgment in s 7(2)(a)(ii) of the Foreign Judgments Act 1991 (Cth) do not mean an amount “presently” or “immediately” payable. Rather, they refer to the amount of the judgment debt as determined by the foreign court.
Background
The applicant had obtained judgment against the respondent in the High Court of Justice of England and Wales. It then registered that judgment in the Supreme Court of Queensland under the Foreign Judgments Act, which provided it with the ability to commence enforcement proceedings in this jurisdiction.
After judgment was entered in England, the trial judge made further orders extending the time for payment and requiring the respondent to pay the judgment debt in three tranches on three nominated dates. Similar orders were made in relation to the payment of interest.
At the time the judgment was registered in Queensland, the final tranche had not yet fallen due. The respondent applied to have the registration set aside, arguing that the registered amount exceeded the amount payable under the judgment at the date of registration, contrary to s 7(2)(a)(ii) of the Act.
The Court’s Approach
The respondent’s argument turned on the construction of the words “amount payable … at the date of registration” in s 7(2)(a)(ii). The respondent contended that these words meant an amount presently due to be paid without any further condition or event needing to occur. On that construction, because the final instalment was not yet due, the registered judgment was said to exceed the amount payable under it.
McCafferty J rejected that construction. His Honour considered that, where the foreign judgment was a final judgment, there was no reason to read the words “amount payable under” the judgment as meaning “presently” or “immediately” payable. The proper construction of the words was that they referred to the amount of the judgment debt payable as determined by the foreign court in accordance with its orders.
His Honour also observed that the purpose of s 7(2)(a)(ii) is to address situations where the amount registered by an Australian court exceeds the total sum awarded as finally determined by the foreign court. That mischief did not arise on the facts of this case, where the amount registered aligned with the amount determined by the English court, notwithstanding that payment had been deferred and structured in instalments.
The application to set aside registration was dismissed.
Significance
The decision provides welcome guidance for parties seeking to enforce foreign judgments in Queensland under the Foreign Judgments Act. It confirms that a foreign judgment can be registered for the total amount determined by the foreign court, even where the foreign court has ordered that payment be made in instalments and not all instalments have yet fallen due at the date of registration.
The decision also reflects a sensible approach to the statutory scheme. The registration of a foreign judgment under the Act is a procedural step that enables the judgment to be enforced in Australia. The timing of enforcement, and the extent to which enforcement may be available for instalments that have not yet fallen due, are separate questions that can be dealt with on their own terms. The construction urged by the respondent would have introduced unnecessary complexity into the registration process and required judgment creditors to return to the Court repeatedly as successive instalments fell due.
For judgment debtors, the decision is a reminder that the grounds available to set aside the registration of a foreign judgment under s 7 of the Act are narrowly defined, and arguments based on the timing of payment under the foreign orders will not ordinarily succeed where the foreign judgment is a final judgment.
How W & G Lawyers Can Help
The enforcement of foreign judgments in Australia involves a mix of Commonwealth legislation, procedural rules and, in some cases, complex questions of statutory construction. Whether you are seeking to enforce a foreign judgment in Queensland, or you have had a foreign judgment registered against you and are considering your options to challenge that registration, the position should be carefully reviewed.
If you are a party to a judgment obtained in an overseas court, or you are facing enforcement proceedings based on a foreign judgment, we encourage you to arrange a confidential review with our team. W & G Lawyers offers an initial consultation in which your circumstances can be discussed in confidence and the available options explained.
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This article is general information only and does not constitute legal advice under Australian law. For advice specific to your situation, please contact W & G Lawyers. For further details, please click here to view our disclaimer.