Part ARTICLE 1

In this Agreement—

(a)

“the 1968 Convention” means the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters done at Brussels on 27th September 1968^f1, as amended from time to time;

(b)

“court of a Party” means one of the following courts—

(i)

in relation to Australia—

(aa)

the High Court of Australia;

(bb)

the Federal Court of Australia;

(cc)

the Family Court of Australia;

(dd)

the Family Court of Western Australia;

(ee)

the Supreme Court exercising jurisdiction in respect of each Australian State or Territory;

(ff)

the District Court of New South Wales;

(gg)

the County Court of Victoria;

(hh)

the District Courts in Queensland;

(ii)

the District Court of Western Australia;

(jj)

the Local Courts in South Australia;

(kk)

the Courts of Requests in Tasmania; or

(ll)

the Magistrates' Court of the Australian Capital Territory;

(ii)

in relation to the United Kingdom—

(aa)

any superior court of the United Kingdom;

(bb)

for England and Wales and Northern Ireland, any county court;

(cc)

for Scotland, any sheriff court,

and such superior courts as may be specified by the United Kingdom in a declaration pursuant to Article 7 of this Agreement;

(iii)

such other courts as may be agreed between the Parties;

(c)

“judgment” means—

(i)

any judgment, decree, rule, order or other final decree for the payment of money (other than in respect of taxes or other charges of like nature or an order requiring the payment of maintenance) given in the territory of a Party in respect of a civil or commercial matter;

(ii)

an award in proceedings on an arbitration conducted in the territory of a Party under the law applying in that territory if the award has become enforceable in the same manner as a judgment in the territory of that Party; or

(iii)

a judgment or order given or made by a court of a Party in criminal proceedings for the payment of money in respect of compensation or damages to an injured person;

(d)

“registering court” means a court of a Party to which an application for the registration of a judgment is made.

Annotations

Footnotes

f1: Treaty Series No. 10 (1988), Cm 306 p.25.