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Court Procedures Rules
3474Foreign judgment—evidence in support of application for
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3474 Foreign judgment—evidence in support of application for
(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;
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(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
(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;
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(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.
(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.