Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 11.06

    If these Rules require a person seeking an enforcement order to file an affidavit, the affidavit must:

  (a)   if it is not required to be filed with an application--state the orders sought; and

  (b)   have attached to it a copy of the order or agreement to be enforced; and

  (c)   set out the facts relied on, including the following:

  (i)   the name of the payee;

  (ii)   the address of the payee, unless disclosing this address would compromise the payee's safety;

  (iii)   the name and address of the payer;

  (iv)   that the payee is entitled to proceed to enforce the obligation;

  (v)   that the payer is aware of the obligation and is liable to satisfy it;

  (vi)   that any condition has been fulfilled;

  (vii)   details of any dispute about the amount of money owed;

  (viii)   the total amount of money currently owed and any details showing how the amount is calculated, including interest (if any) and the date and amount of any payments already made;

  (ix)   what other legal action has been taken in an effort to enforce the obligation;

  (x)   details of any other current applications to enforce the obligation; and

  (xi)   the amount claimed for costs, including costs of any proposed enforcement; and

  (d)   be sworn no more than 2 days before it is filed.

Examples:   For the purposes of paragraph   (a), orders that may be sought include an Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents.