Transfer an Australian Judgment to UK

The full text of Section 5 of the Protection of Trading Interests Act 1980 is reproduced below.

The act and this section of it essentially mean that if you are seeking to transfer a judgment from any foreign country to the England and Wales Jurisdiction,

i) it must not include an award of damages which is based on a multiple of the actual loss. This is most commonly a problem with judgments from the USA, where courts have the power and frequently do, award damages on a punitive basis. To the best of our knowledge this does not occur in Australia.

ii) enforcement of the judgment in England will not amount to conduct that is likely to undermine competition law.

(1)A judgment to which this section applies shall not be registered under Part II of the Administration of Justice Act 1920 or Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 and no court in the United Kingdom shall entertain proceedings at common law for the recovery of any sum payable under such a judgment.

(2)This section applies to any judgment given by a court of an overseas country, being—

(a)a judgment for multiple damages within the meaning of subsection (3) below;

(b)a judgment based on a provision or rule of law specified or described in an order under subsection (4) below and given after the coming into force of the order; or

(c)a judgment on a claim for contribution in respect of damages awarded by a judgment falling within paragraph (a) or (b) above.

(3)In subsection (2)(a) above a judgment for multiple damages means a judgment for an amount arrived at by doubling, trebling or otherwise multiplying a sum assessed as compensation for the loss or damage sustained by the person in whose favour the judgment is given.

(4)The Secretary of State may for the purposes of subsection (2)(b) above make an order in respect of any provision or rule of law which appears to him to be concerned with the prohibition or regulation of agreements, arrangements or practices designed to restrain, distort or restrict competition in the carrying on of business of any description or to be otherwise concerned with the promotion of such competition as aforesaid.

(5)The power of the Secretary of State to make orders under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Subsection (2)(a) above applies to a judgment given before the date of the passing of this Act as well as to a judgment given on or after that date but this section does not affect any judgment which has been registered before that date under the provisions mentioned in subsection (1) above or in respect of which such proceedings as are there mentioned have been finally determined before that date.