Enforcing a judgement in Australia

colin_hanley

Registered User
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Hi, I am a private electrical contractor and am struggling through some cash flow problems for the last couple of years. I owe some ex-employees money and some other debtors which I am trying to pay off. Unfortunately I am owed money myself from various individuals with varying degrees of success. I am currently pursuing a judgement against one of my debtors in the Midlands. I have recently heard they may have moved to Australia. Can the judgment be enforced against them in Australia or am I wasting money on anymore legal costs ?
Col
 
Having lived in Oz myself for many years I am aware how important a good credit rating is in Australia. It can make or break you. If you have any details of the guys whereabouts (even the city) I would say he will be much happier dealing directly with you than having his credit rating in Oz damaged by court proceedings.
 
You do realise to enforce in Australia there needs to be a judgement in Ireland? Then permission is needed to serve outside the state. Then permission is needed from the high court of the state in Australia to enforce there. The cost of this would be prohibitive in the extreme.
 
Thanks guys, I'll confirm all this with my solicitor, just wanted to have an idea before I went in. Seems unfair that people can skip the country and use it as a get out of jail (debt) card !!
 
Thanks guys, I'll confirm all this with my solicitor, just wanted to have an idea before I went in. Seems unfair that people can skip the country and use it as a get out of jail (debt) card !!

It's not easy to leave the country, it's very difficult for some people. If they don't have the money to pay you and have no assets than there is no point you paying your solicitor and wasting more money. Even if this person were to stay in Ireland chasing them thought the courts for debt is not worthwhile.
 
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