Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 947E

947E Evidence in support of application

(1) An application for registration of a judgment must be supported by an affidavit—

(a) exhibiting a certified copy of the original court’s judgment under its seal; and

(b) specifying the regulation under the Commonwealth Act that extends part 2 of the Commonwealth Act to the country of the original court or to the original court; and

(c) specifying the following particulars—

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

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

(iii) that a regulation has not been made under section 13 of the Commonwealth Act applying the section to the country of the original court;

(iv) that the judgment has not been wholly satisfied or, if the judgment has been partly satisfied, the amount in respect of which it remains unsatisfied;

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

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

(vii) if the amount of the judgment is expressed in a currency other than Australian currency—whether the judgment creditor wishes the judgment to be registered in the currency in which it is expressed or in Australian currency;

(viia) if the judgment creditor states under subparagraph (vii) that the judgment creditor wishes the judgment to be registered in Australian currency—the equivalent amount in Australian currency based on the rate of exchange mentioned in section 6 (11) (b) of the Commonwealth Act ;

Note—

See also section 6 (11A) and (11B) of the Commonwealth Act .

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

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

(x) 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;

(xi) 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 determination arose under section 36A , 98H or 99A of the Commerce Act 1986 (NZ) .

(2) If the certified copy of the judgment exhibited with the affidavit is not in the English language, a translation of the judgment must be filed with the affidavit.

(3) The translation must be properly certified by a person who is competent to make the translation into the English language.

(4) The person making the affidavit may state the particulars mentioned in subrule (1) (c) as the belief of the person, giving the sources of the person’s information and the grounds of the person’s belief.