Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 2402

    (1)     An application for a charging order is made by filing in the court—

        (a)     a draft of the order sought; and

        (b)     an affidavit in support of the application.

Note     See approved form 2.69 (Charging order) AF2006-314

    (2)     The affidavit in support must state—

        (a)     the date the money order was made; and

        (b)     the date a sealed copy of the money order, and the notice in accordance with rule 2015 (2), was served on the enforcement debtor; and

        (c)     the amount of the order debt; and

        (d)     that the order debt has not been fully paid; and

        (e)     the date and amount of each payment (if any) made under the order; and

        (f)     the costs incurred in previous enforcement proceedings in relation to the order; and

        (g)     the interest owing on the day the affidavit is made (the affidavit date ); and

        (h)     any other details necessary to work out the amount payable under the order on the affidavit date and how the amount is worked out; and

              (i)     the daily amount of any interest that, subject to any future payment under the order, will accrue after the affidavit date; and

        (j)     the security interest or interests to be charged by the order being sought; and

        (k)     any other information necessary for the order being sought.

    (3)     The affidavit must be sworn not earlier than 2 days before the day the application is filed in the court.

    (4)     Part 6.2 (Applications in proceedings) does not apply to the application.

    (5)     The draft order and affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

    (6)     Unless the court otherwise orders on its own initiative, an application for a charging order must be dealt with without a hearing and in the absence of the parties.