The exequatur in France of the judgments given by the Australian tribunals
No bilateral agreement of legal cooperation was signed between Australia and France in the matter of exequatur.
The conditions and the procedure for the exequatur of the Australian judgments are thus set forth by French case law, lastly in the Cornelissen case, February 20th, 2007.
The applicant to the exequatur shall establish that the three following conditions are satisfied by the Australian judgment:
- The indirect competence of the Australian judge founded on the fastening of the litigation to the seized judge.
- The conformity with the international legal and procedural public order.
- The absence of fraud to the law.
The exequatur in France of the Australian judgments does not give place to particular difficulties.
The Cour de cassation had to know only once the exequatur of an Australian judgment, in a case on March 27th, 1984.
The Cour de cassation has in this case pointed out that jurisdiction of the New South Wales Supreme Court was to be checked so that the exequatur is granted to the judgment which it gave.
This case was a mere confirmation of the application of a traditional criterion of the exequatur in France of a foreign judgment: jurisdiction rationae materia and rationae loci of the foreign jurisdiction having given the decision.