The Foreign Judgments Act 1991 (Cth), particularly ss 5 and 6, and the Foreign Judgments Regulations 1992 establish a registration regime for specified courts and judgments. Do not assume a mainland Chinese court is covered. Where registration is unavailable, a creditor may need a common law action. Relevant questions include recognised international jurisdiction, finality, a sufficiently definite monetary obligation and available defences. A judgment for tax, penalties or non-monetary relief needs separate analysis.
In Yin v Wu (2023) 73 VR 21; [2023] VSCA 130, the Victorian Court of Appeal set aside summary judgment enforcing a Chinese judgment. The natural justice defence had a real prospect of success where the defendant had not been personally served and public notice had not come to his attention. The decision did not prohibit enforcement of Chinese judgments generally or finally decide every aspect of the underlying dispute. It shows why a creditor must investigate service and foreign law evidence rather than present the judgment alone.
Obtain the sealed judgment, evidence of its status and effect, service records, relevant agreements and a clear calculation of the amount outstanding. Expert evidence about Chinese law may be necessary. Sections 63 and 64 of the Civil Procedure Act 2010 (Vic) govern aspects of summary judgment; obtaining that procedure requires addressing genuine defences rather than assuming the overseas result ends the enquiry.
Locate Victorian assets and investigate insolvency and competing claims. Preserve evidence about the debtor's connections with China and participation in the original proceedings. Obtain advice about limitation periods and any urgent protective relief promptly. Coordinate with Chinese advisers so the Australian claim relies on a complete and consistent record of the original case.
Author: Hugh Zhao
Last updated: October 2026
Jurisdiction: Victoria, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.