Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 3474

(SCR o 74A r 4; Qld r 947E)

    (1)     The supporting affidavit for an application for registration of a judgment must state the following particulars:

    (a)     the full name and last-known address of the judgment creditor and judgment debtor;

    (b)     the facts that show that the Foreign Judgments Act, part 2 applies to the judgment;

    (c)     the regulation under the Foreign Judgments Act that extends that Act, part 2 in relation to the judgment;

    (d)     the nature of the causes of action to which the judgment relates;

    (e)     that a regulation has not been made under the Foreign Judgments Act, section 13 applying the section to the country of the original court;

    (f)     if the judgment is a money judgment—the amount of the judgment, on the day the application is made, in the currency of the original judgment and in Australian currency;

    (g)     that the judgment has not been completely satisfied or, if the judgment has been partly satisfied, the amount for which it remains unsatisfied on the day the application is made;

    (h)     if some only of the provisions of the judgment are subject to the application—the provisions of the judgment to which the application applies;

    (i)     that there is no reason why the judgment could not be enforced in the country of the original court;

    (j)     the costs of registration of the judgment incurred by the applicant;

    (k)     if the judgment creditor wants the judgment to be registered in a currency other than Australian currency—the rate of exchange prevailing on the day the affidavit is made;

    (l)     if it is more than 6 years after the day the judgment was entered—whether there has been a proceeding by way of appeal against the judgment and, if so, the date of the last judgment in the proceeding;

    (m)     if interest is payable on the judgment under the law of the country of the original court and the interest is not stated in the judgment—the rate of interest;

    (n)     if interest is payable on the judgment—the amount of interest that has accrued by the day the application is made;

    (o)     if the judgment is a judgment of a court of Papua New Guinea—the amount (if any) payable under the judgment that is recoverable Papua New Guinea income tax or non-recoverable tax;

    (p)     if the judgment is a judgment of a court of New Zealand—that it was not given in a proceeding, or part of a proceeding, in which a matter for decision arose under the Commerce Act 1986 (New Zealand), section 36A, section 98H or section 99A.

    (2)     The person making the affidavit may state the particulars mentioned in subrule (1) as the belief of the person, giving the source of the person's information and the grounds of the person's belief.