Enforcing a Chinese Judgment in Australia – A Recent Supreme Court of Victoria Decision

Category: International & Cross-Border, International, Australia, Asia Advisory, Litigation & Dispute Resolution
Date: 11 February 2026
Author: Catherine Ballantyne - Genuine People

Australian courts continue to recognise and enforce foreign court judgments where the relevant legal requirements are satisfied. A recent decision of the Supreme Court of Victoria highlights how judgments issued by courts in the People’s Republic of China can be successfully enforced in Australia.

Background

On 6 November 2024, Mr Gongwei Fu applied to the Supreme Court of Victoria seeking recognition of a civil judgment issued by the Qingxiu District People’s Court in Nanning City, Guangxi, China.

The original judgment, delivered on 30 June 2023, awarded Mr Fu RMB 17,597,932.66 plus interest. The defendants challenged the decision through an appeal to the Nanning Intermediate People’s Court and later sought a retrial. Both attempts were unsuccessful.

Ultimately, the Supreme Court of Victoria recognised the Chinese judgment, enabling enforcement in Australia for approximately AUD $3.7 million, plus approximately $3.2 million in interest.

Legal requirements

For an Australian court to recognise and enforce a foreign judgment, four key conditions must be satisfied:

  1. The foreign court must have exercised jurisdiction recognised by Australian law.
  2. The judgment must be final and conclusive.
  3. The parties to the foreign judgment must be the same as those in the Australian proceedings.
  4. The judgment must order payment of a fixed monetary sum.

Where these requirements are met, Australian courts will generally recognise and enforce the foreign decision.

Key takeaways

This case demonstrates that Australian courts can and do recognise judgments from Chinese courts when the legal criteria are satisfied.

The enforcement process, however, involves technical jurisdictional and procedural considerations. Careful preparation and experienced legal advice are essential to ensure the application is properly framed and supported by appropriate evidence.

If you would like further information, please contact Catherine Ballantyne, Principal at Hunt & Hunt, at [email protected] or +61 3 8602 9200.