AUSTRALIA Law and Practice Contributed by: Amanda Banton, Elliott Smith, Melissa Morgan and Paul Smith, Banton Group
8.3 Enforcement of Settlement Agreements
9.5 Enforcement of a Judgment From a Foreign Country Foreign judgments can be enforced in Australia by registration under the Foreign Judgments Act 1991 or through common law liquidated claims. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Generally speaking, the unsuccessful party has a right of appeal in relation to final orders made by a court. Most courts also permit a party to seek leave to appeal from an unfavourable inter- locutory or interim order. Any decision by a trial judge can generally be appealed to a higher court. State-level decisions may go to the Court of Appeal or the Full Court of the Supreme Court in that state or territory. Federal Court decisions are appealed to the Full Federal Court, which comprises three judges. The ultimate appeal court in Australia is the High Court, but special leave is required, granted only in rare cases involving new or significant legal issues. There is no appeal beyond the final determination of the High Court. 10.2 Rules Concerning Appeals of Judgments See 10.1 Levels of Appeal or Review to a Liti- gation . 10.3 Procedure for Taking an Appeal The timeframe for filing an appeal is specified by the rules of each court and jurisdiction. Typical- ly, an appeal must be submitted within 28 days from the date the decision was made, though this period can vary depending on the nature of the decision. In certain cases, parties may
Settlement agreements are enforceable as con- tracts. Court orders based on settlements pre- vent reopening matters. 8.4 Setting Aside Settlement Agreements Settlement agreements can be set aside for rea- sons like mistake or misrepresentation, following general contract law principles. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Monetary damages are the most common award, compensating for losses due to unlaw- ful conduct. Other remedies include injunctions, restitution, profit accounting, and declarations. 9.2 Rules Regarding Damages Damages types and calculations depend on the cause of action, covering loss of opportunity, indirect loss, restitution, and account of profit. Punitive damages are rare and conservative. 9.3 Pre-judgment and Post-judgment Interest Successful parties can recover pre- and post- judgment interest, with rates varying by jurisdic- tion. 9.4 Enforcement Mechanisms of a Domestic Judgment Judgment enforcement options include writs for property sale, wage garnishment, and bankrupt- cy or winding-up orders.
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