A recent Supreme Court[1] case is a good reminder of how the recognition and enforcement of foreign judgments can be applied in Victoria.
This is a case where a judgment made in People’s Republic of China was successfully recognised by the Australian Court for approximately AUD $3.7 million plus $3.2 million in interest.
The Facts
On 6 November 2024, Mr Gongwei Fu, the plaintiff, filed an originating motion seeking recognition in Australia of a civil judgment issued by the Qingxiu District People’s Court of Nanning City, Guangxi Zhuang Autonomous Region, China.
The judgment in question was delivered on 30 June 2023 and awards Mr Fu a sum of RMB17,597,932.66, together with interest.
After the initial judgment, the defendants pursued a second instance (appeal) proceeding before the Nanning Intermediate People’s Court, aiming to have the judgment overturned and then also applied for a retrial. They were unsuccessful in both applications.
The Law
Four key conditions must be met for an Australian court to recognise a foreign judgment:
- The foreign court must have exercised a jurisdiction that Australian courts will acknowledge.
- The foreign judgment must be final and conclusive.
- There must be an identity between the parties involved in the foreign judgment and those in the recognition proceedings.
- The judgment must be for a fixed sum or debt.
Lessons
Foreign judgments can be recognised and enforced by Australian Courts under certain circumstances. Engaging experienced legal counsel is essential to ensure the process is conducted accurately and in accordance with relevant regulations.
This case underscores that foreign judgments, including those issued by Courts in China, can be recognised and enforced in Australia when the necessary legal conditions are satisfied. Successfully navigating this process requires a clear understanding of jurisdictional requirements and procedural steps, making experienced legal guidance essential.
[1]Fu v Pang & Anor [2025] VSC 597
If you would like to discuss your own situation, please contact Catherine Ballantyne, Principal at catherine.ballantyne@madgwicks.com.au
