Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 94.04

Affidavit

    (1)     An affidavit under rule 94.03 must state to the best of the information and belief of the deponent:

        (a)     that the plaintiff is entitled to enforce the judgment;

        (b)     that the judgment is final and conclusive between the parties;

        (c)     facts demonstrating that the Court is the appropriate court under section 6(1) of the Act;

        (d)     that at the date of the application, the judgment has not been satisfied or has been satisfied only in part;

        (e)     the amount in respect of which the judgment remains unsatisfied;

        (f)     that at the date of the application, the judgment can be enforced by execution in the country of the original court;

        (g)     that, if the judgment were registered, the registration would not be, or liable to be, set aside under section 7 of the Act;

        (h)     the amount of interest (if any) that, under the law of the country of the original court, has become due under the judgment up to the time of the application;

            (i)     if the sum payable under the judgment is expressed in a currency other than Australian currency and the judgment creditor has not stated that he or she wishes the judgment to be registered in that other currency – the amount that sum represents in Australian currency calculated in accordance with section 6(11), (11A) and (11B) of the Act;

        (j)     if the judgment is in respect of different matters and only some of the provisions of the judgment could, if contained in separate judgments, have been registered – the provisions in respect of which it is sought to register the judgment; and

        (k)     the full name, title, occupation and the usual or last known place of residence or business of the judgment creditor and the judgment debtor.

    (2)     The affidavit must exhibit:

        (a)     a copy of the judgment of the original court certified as such by the proper officer of the court and authenticated by its seal; and

        (b)     if the judgment is not in the English language, a translation of the judgment certified by a notary public or authenticated by affidavit.

    (3)     The affidavit must be accompanied by such other evidence in respect of the matters referred to in subrule (1)(f) and (h) as may be required having regard to the provisions of any regulations made under the Act extending the Act to the country of the original court.



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