718Affidavit in support of application

718 Affidavit in support of application

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

(2)  [Rule 718 Subrule (2) amended by S.R. 2004, No. 56, Applied:21 Jul 2004] An affidavit is to state the following to the best of the information of the deponent –

(a) that the judgment creditor is entitled to enforce the judgment;

(b) that the judgment is final and conclusive between the parties for the purposes of section 5(4) of the Commonwealth Act;

(c) that the Court is the appropriate court under section 6(1) of the Commonwealth Act;

(d) that at the date of the application the judgment has not been wholly satisfied;

(e) the amount in respect of which the judgment remains unsatisfied;

(f) that at the date of the application the judgment is enforceable by execution in the country of the original court;

(g) 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;

(h) 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;

(i) 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;

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

(k) [Rule 718 Subrule (2) amended by S.R. 2004, No. 56, Applied:21 Jul 2004] details of the sources of the deponent's information.

(3)  The affidavit is to exhibit –