Supreme Court Rules 2000

An application under rule 717 is to be supported by an affidavit.

An affidavit is to state the following to the best of the information of the deponent – that the judgment creditor is entitled to enforce the judgment; that the judgment is final and conclusive between the parties for the purposes of section 5(4) of the Commonwealth Act; that the Court is the appropriate court under section 6(1) of the Commonwealth Act; that at the date of the application the judgment has not been wholly satisfied; the amount in respect of which the judgment remains unsatisfied; that at the date of the application the judgment is enforceable by execution in the country of the original court; the amount of any interest which, under the law of the country of the original court, is due under the judgment up to the time of the application; if the sum payable under the judgment is expressed in a currency other than Australian currency and the judgment creditor does not wish the judgment to be registered in that other currency, the amount which that sum represents in Australian currency calculated at the rate of exchange prevailing on the day of the application; if the judgment is in respect of different matters and only some of the provisions of the judgment, if contained in separate judgments, are registrable, the provision in respect of which it is sought to register the judgment; the full name and occupation and the usual or last known place of residence or business of the judgment creditor and judgment debtor; details of the sources of the deponent's information.

The affidavit is to exhibit – a copy of the judgment of the original court sealed and certified by the proper officer of that court; and if the judgment is not in English, a translation of the judgment certified by a notary public or authenticated by affidavit.

The affidavit is to be accompanied by any other evidence in respect of the matters referred to in subrule (2)(f) and (g) as may be required having regard to the provisions of any regulations made under the Commonwealth Act extending the Commonwealth Act to the country of the original court.