An Australian woman who was a victim of identity theft was shocked when she received a legal notice from
Identify theft victim told to pay
Without her being present or even being aware of the charges, default judgements against her were handed down in a
The court found her PayPal account was used over two days to make hundreds of fraudulent transactions.
The
The woman said
She told the
She is trying to get the
Could the US judgement be enforced in
But could debt collectors come knocking on her door to force her to pay the
A final and conclusive money judgment made by a court having jurisdiction recognised by the Australian courts is prima facie entitled to enforcement in
The Foreign Judgements Act 1991 establishes a statutory scheme under which both final and interlocutory judgements of foreign courts can be registered and enforced in
For a foreign judgement to be enforced under the scheme, it must be from a court that is specified under the Act and the Foreign Judgments Regulations. (Please seeRecognising and enforcing foreign judgements.)
Countries recognised as having jurisdiction in
Courts in several Commonwealth countries, as well as
If the debtor doesn't apply for the registration to be set aside, under this scheme the foreign judgements in these recognised jurisdictions can be registered and ready to be enforced the same way a judgement of an Australian court is enforced.
This can include seizure and sale of personal property, instalment orders and the appointment of receivers.
How the US companies could pursue damages in
However, US courts are not included under this scheme, so Adidas and the NBA would have to go through Australian common law procedure to pursue the
Four conditions must be satisfied for a foreign judgment to be recognised and enforced at common law in an Australian court. These are as follows.
-
The foreign court must have exercised an "international" jurisdiction that Australian courts recognise.
- The judgment must be final and conclusive.
- The parties must be the same.
- The judgment must be for a fixed sum (although certain nonmoney judgments may be enforceable in equity).
What can a debtor do to resist a foreign judgment?
There are limited grounds on which a judgment debtor can resist the recognition and enforcement of a foreign judgment at common law.
The debtor can seek to set aside the registration if the requirements of registration were not properly met, the judgment was obtained by fraud, or enforcement of the judgment would be contrary to public policy.
The woman could seek to have the
Even if Adidas and the NBA don't pursue the woman for
Safeguarding against identify theft
This is a horrifying example of the consequences of identity theft and a reminder that we should all safeguard our online accounts and secure our devices. (Please see ID Support NSW, NSW Government.)
If you are a victim of identity theft, act quickly to minimise financial and other damage. Change passwords, report the event to police and obtain a reference number to prove you reported the matter.
Contact the organisation that issued your identity document and your bank and tell them what happened. Report the crime to the
Intellectual property
Stacks Law Firm
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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Stacks Law Firm
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E-mail: elonergan@stacklaw.com.au
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