Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 35 OF 1992) - SCHEDULE 2

    SCHEDULE 2     Rule 5

    FORM 78A     O. 74A r. 3

APPLICATION FOR REGISTRATION OF JUDGMENT UNDER THE FOREIGN JUDGMENTS ACT 1991 OF THE COMMONWEALTH

IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL
TERRITORY     No. of 19 .

    Between

    Applicant

    and

    Respondent

I, ( insert name of applicant ) apply under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth to have the following judgment registered in the Court.

DETAILS OF JUDGMENT

COURT:
JUDGE:
DATE OF JUDGMENT:
WHERE MADE:

( If the judgment is a money judgment)

AMOUNT OF JUDGMENT, INCLUDING INTEREST:


NOTE 1: The application shall state if the applicant wishes the judgment to be registered in the currency in which it is expressed and, if so, the amount of the judgment expressed in that currency.
NOTE 2: If the application does not include a statement of the kind referred to in Note 1, the judgment shall be registered for an equivalent amount in Australian currency, based on the rate of exchange prevailing on the day of application for registration.
See subsection 6 (11) of the Foreign Judgments Act 1991 of the Commonwealth.

and/or

( if the judgment is an order or injunction )

TERMS OF JUDGMENT:

Dated 19 .

    .........................................

    Applicant/applicant's solicitor

The applicant's address for service is:

    FORM 78B     O. 74A r. 5

[ Heading as in Form 78A ]

ORDER FOR REGISTRATION OF MONEY JUDGMENT

JUDGE:

DATE OF ORDER:

WHERE MADE:

ORDER

THE COURT ORDERS THAT:

1. The judgment dated ( insert date of judgment ) of the ( insert name of court ) by which it was ordered that ( insert name of respondent ) (“the judgment debtor”) pay the sum of ( insert amount in foreign currency or in equivalent Australian currency ) and interest (if any) to ( insert name of applicant ) (“the judgment creditor”) be registered under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth.

2. The amount that the judgment debtor is required to pay to the judgment creditor is
. The amount includes an amount of interest of .
( Insert amounts in foreign currency or in equivalent Australian currency )

3. ( Insert any other orders made under the judgment )

4. The reasonable costs of, and incidental to, the application for this order and registration of the judgment (fixed at $ , or to be taxed) are to be paid by the judgment debtor to the judgment creditor.

5. The judgment debtor may, within days after service of the notice of registration, apply to have the registration set aside.

Dated 19 .


    .............................
    Registrar

    FORM 78C     O. 74A r. 5

[ Heading as in Form 78A ]

ORDER FOR REGISTRATION OF NON-MONEY JUDGMENT

JUDGE:

DATE OF ORDER:

WHERE MADE:

ORDER

THE COURT ORDERS THAT:

1. The judgment dated ( insert date of judgment ) of the ( insert name of court ) by which it was ordered that ( insert name of respondent ) (“the judgment debtor”) ( insert terms of order or injunction ) be registered under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth.

2. The reasonable costs of, and incidental to, the application for this order and registration of the judgment (fixed at $ , or to be taxed) are to be paid by the judgment debtor to ( insert name of applicant ) (the “judgment creditor”).

3. The judgment debtor may, within days after service of the notice of registration, apply to have the registration set aside.

Dated 19 .



    .............................
    Registrar

    FORM 78D     O. 74A r. 6

[ Heading as in Form 78A ]
NOTICE OF REGISTRATION OF MONEY JUDGMENT

To: ( Name of respondent )

1. The judgment dated ( insert date of judgment ) of the ( insert name of court ) that you pay the sum of ( insert amount in foreign currency or in equivalent Australian currency ) and interest (if any) to ( insert name of judgment creditor ) (“the judgment creditor”) and ( insert any other terms of judgment ) has been registered in this Court under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth.

2. The amount that you are required to pay to the judgment creditor is . The amount includes an amount of interest of . ( Insert the amounts in foreign currency or in equivalent Australian currency)

3. You may, within days after service of this notice on you, apply to have the registration set aside.

The address for service of ( insert name of judgment creditor ) is ( state address).

Dated 19 .


    ...............................
    Registrar

    FORM 78E     O. 74A r. 6

[ Heading as in Form 78A ]
NOTICE OF REGISTRATION OF NON-MONEY JUDGMENT

To: ( Name of respondent )

1. The judgment dated ( insert date of judgment ) of the ( insert name of court ) that ( insert terms of order or injunction ) has been registered in this Court under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth.

2. You may, within days after service of this notice on you, apply to have the registration set aside.

The address for service of ( insert name of judgment creditor ) is ( state address ).

Dated 19 .


    ...............................
    Registrar



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