Memorandum of Guidance between the DIFC Courts and the New South Wales Supreme Court of Australia

Analysis

NSW Supreme Court of Australia and Dubai International Financial Centre's Court sign a Memorandum of Guidance setting out broadly the parties' understanding of the enforcement of each party's money judgments in the other party's courts.

The links between the courts of Australia and the Dubai International Financial Centre (DIFC) have been strengthened by the signing of a Memorandum of Guidance (the Memorandum) between the DIFC Courts and the New South Wales Supreme Court of Australia (the NSW Supreme Court). The Memorandum, signed on 9 September 2013, sets out broadly the parties' understanding of the enforcement of each party's money judgments in the other party's courts. Judgments from other Australian Courts will not be enforced in the DIFC Court under the provisions of the Memorandum.

While the Memorandum is not legally binding on either court, it is a welcome development towards achieving greater certainty for judgment creditors seeking to enforce a money judgment from one court against a debtor's assets in the other.

Recognition of foreign judgments