Registering Foreign Restraining Orders in NSW Supreme Court
⚖️ Legal holding
A court must register a foreign order if it complies with the relevant authorisation and does not contravene the interests of justice.
📖 What the law says
An application to register a foreign order must be made to a court with proceeds jurisdiction. If a proceeds of crime authority applies for registration of a foreign order, the court must register the order unless it determines that doing so would be against the interests of justice. The authority must notify certain interested parties about the application, but the court can consider the application without notice if requested by the authority. Once registered, any amendments to the order must also be registered in the same manner.
Plain-English explanation — does not replace advice from a legal practitioner.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The application was made in accordance with an authorisation under the Act.
- The court confirmed it has proceeds jurisdiction.
- The court found no reason to believe registering the order would be contrary to the interests of justice.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether a restraining order issued by a UK court could be registered in the NSW Supreme Court.
How did the court decide, and why?
The court decided to register the order because it complied with the relevant authorisation and did not contravene the interests of justice.
What was the argument that mattered most?
The argument that mattered most was that the restraining order complied with the relevant authorisation and did not contravene the interests of justice.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the restraining order was registered.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek to register a foreign restraining order in an Australian court if it complies with the relevant authorisation and does not contravene the interests of justice.
What evidence or documents mattered?
The evidence included the affidavit of the claimant and the exhibits to that affidavit.