Enforcement of Non-Monetary Foreign Judgments in Australia

Under Australian conflict of law rules, courts can enforce foreign judgments for a sum of money, but not judgments that order a party to do or not to do an action. The article argues that the rule against enforcement of non-monetary judgments is no longer relevant in the modern world. It begins by setting out the Australian law on enforcement of foreign judgments and identifying the policies underlying enforcement. It then uses the Canadian Supreme Court decision Pro Swing v Elta Golf, overturning the bar against enforcement of non-monetary judgments, to argue that the policies underlying enforcement of foreign judgments support the enforcement of non-monetary judgments, particularly in light of modern technological developments. Finally, it looks at some practical issues that may arise in enforcing non-monetary foreign judgments.