Jeff Young
GT40s Supporter
Yes, a judgment obtained here in the US may be enforced in Australia but there are a number of things you need to understand about that:
1. First, the judgment will need to be taken to Australia, and essentially "entered" as a judgment there in court. While most NAFA/EU/ANZAC countries do honor US judgments, almost all have a procedure (sometimes lengthy) by which the judgment debtor can challenge the judgment on a variety of grounds...whether the US court had jurisdictiono ver the defendant, whether the US court entered judgment in a manner offensive (i.e. by default) to Aussie law, etc. This can get expensive.
2. Most importantly, if this Logan character has been through the equivalent of a US bankruptcy proceeding in Australia, then he is probably not liable for any debts that arose prior to the proceeding. I did some talking, briefly, to the Australian attorney Ron engaged and my understanding was that the "trustee" for the RF estate had the ability to pursue Logan for his personnel assets in certain circumstances where RF was operating but insolvent. Since that didn't happen in the Australian bankruptcy, I think it highly unlikely (but am not sure) that a subsequent individual action against Logan would have any success.
Bottom line is you are looking at a lengthy, time consuming, expensive process (I'm sure you are talking more than $10 to $20k) with little hope of recovering anything.
Sorry guys. I wish the reality was different. This guy Logan is a theif plain and simple, from what I've seen.
1. First, the judgment will need to be taken to Australia, and essentially "entered" as a judgment there in court. While most NAFA/EU/ANZAC countries do honor US judgments, almost all have a procedure (sometimes lengthy) by which the judgment debtor can challenge the judgment on a variety of grounds...whether the US court had jurisdictiono ver the defendant, whether the US court entered judgment in a manner offensive (i.e. by default) to Aussie law, etc. This can get expensive.
2. Most importantly, if this Logan character has been through the equivalent of a US bankruptcy proceeding in Australia, then he is probably not liable for any debts that arose prior to the proceeding. I did some talking, briefly, to the Australian attorney Ron engaged and my understanding was that the "trustee" for the RF estate had the ability to pursue Logan for his personnel assets in certain circumstances where RF was operating but insolvent. Since that didn't happen in the Australian bankruptcy, I think it highly unlikely (but am not sure) that a subsequent individual action against Logan would have any success.
Bottom line is you are looking at a lengthy, time consuming, expensive process (I'm sure you are talking more than $10 to $20k) with little hope of recovering anything.
Sorry guys. I wish the reality was different. This guy Logan is a theif plain and simple, from what I've seen.
