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SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2018 - REG 11.04

Affidavit

    (1)     An affidavit under Rule 11.03 shall 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, if the judgment has been satisfied in part, the amount in respect of which it remains unsatisfied;

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

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

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

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

              (i)     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;

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

    (2)     The affidavit shall 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 shall be accompanied by such other evidence in respect of the matters referred to in paragraph (1)(e) and (g) 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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