931Service of application and order

### 931 Service of application and order > > (1)  An application for a charging order in respect of a judgment debtor's interest in any property of a kind referred to in [section 166](/view/html/inforce/2026-04-12/act-1932-058#GS166@EN) of the Act or [section 28 of the](/view/html/inforce/2026-04-12/act-1891-003#GS28@EN) [Partnership Act 1891](/view/html/inforce/2026-04-12/act-1891-003) or any funds in court or otherwise is to be made in the first instance by way of an application for an order to show cause why a charging order should not be made. > > > (2)  An application to show cause why a charging order should not be made is to be supported by an affidavit stating – > > > > > > (a) the date and other particulars of the judgment; and > > > > > > > (b) that the judgment is unsatisfied, either wholly or to a stated extent; and > > > > > > > (c) the nature of the securities, interests or funds in respect of which the order is sought and the name of the person or persons in whose name such securities, interests or funds stand or are registered; and > > > > > > > (d) the nature and extent of the judgment debtor's beneficial interest in such securities, interests or funds. > > > (3)  [*\[Rule 931 Subrule (3) substituted by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS27@EN) The hearsay rule does not apply to evidence in an affidavit referred to in [subrule (2)](#GS931@Gs2@EN) if the party who adduces the evidence also adduces evidence of its source.