19(1)After the registration of a foreign order under section 18, a court administrator shall, in the manner prescribed, notify all parties to the order whom the court administrator reasonably believes ordinarily reside in New Brunswick of the order’s registration.
19(2)Within 30 days after receiving notification under subsection (1), a party to a foreign order may, after giving notice in the prescribed manner, apply to a New Brunswick court to set aside the registration of the order.
19(3)In determining an application under subsection (2), a New Brunswick court may
(a)
confirm the registration, or
(b)
set aside the registration if it determines that
(i)
in the proceeding in which the foreign order was made, a party to the order did not have proper notice of the proceeding or was not afforded a reasonable opportunity to be heard,
(ii)
the foreign order is contrary to public policy in New Brunswick, or
(iii)
the court that made the foreign order did not have jurisdiction to make the order.
19(4)If a New Brunswick court sets aside a registration under paragraph (3)(b), it shall give reasons for its decision.
19(5)For the purposes of subparagraph (3)(b)(iii), a court has jurisdiction if, at the time the order was made,
(a)
all the parties to the order were ordinarily resident in the reciprocating jurisdiction, or
(b)
a party, who was not ordinarily resident in the reciprocating jurisdiction, was subject to the jurisdiction of the court.
19(6)Any decision or order of a New Brunswick court under this section shall be provided to the parties and to the designated authority in the prescribed manner.
19(1)After the registration of a foreign order under section 18, a court administrator shall, in the manner prescribed, notify all parties to the order whom the court administrator reasonably believes ordinarily reside in New Brunswick of the order’s registration.
19(2)Within 30 days after receiving notification under subsection (1), a party to a foreign order may, after giving notice in the prescribed manner, apply to a New Brunswick court to set aside the registration of the order.
19(3)In determining an application under subsection (2), a New Brunswick court may
(a)
confirm the registration, or
(b)
set aside the registration if it determines that
(i)
in the proceeding in which the foreign order was made, a party to the order did not have proper notice of the proceeding or was not afforded a reasonable opportunity to be heard,
(ii)
the foreign order is contrary to public policy in New Brunswick, or
(iii)
the court that made the foreign order did not have jurisdiction to make the order.
19(4)If a New Brunswick court sets aside a registration under paragraph (3)(b), it shall give reasons for its decision.
19(5)For the purposes of subparagraph (3)(b)(iii), a court has jurisdiction if, at the time the order was made,
(a)
all the parties to the order were ordinarily resident in the reciprocating jurisdiction, or
(b)
a party, who was not ordinarily resident in the reciprocating jurisdiction, was subject to the jurisdiction of the court.
19(6)Any decision or order of a New Brunswick court under this section shall be provided to the parties and to the designated authority in the prescribed manner.