Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. (1) In this Order—
“(2) Unless the contrary intention appears, expressions used in this Order have the same meaning as in the Act.
“2. This Order applies in relation to an order for the registration of a money judgment or a non-money judgment to which paragraph 6 (2) (a) or (c) of the Act applies.
“3. (1) An application under subsection 6 (1) of the Act to have a judgment registered shall—
(a) be in accordance with Form 78A;
(b) have attached a copy of the judgment certified by the original court;
(c) if the judgment is not in the English language—have attached a translation of the judgment authenticated by affidavit; and
(d) be supported by affidavits filed in accordance with rule 4.
“(2) An application may be made ex parte .
“4. (1) An affidavit shall be filed with the application and shall state the following:
(a) the full name, occupation and the usual or last known place of residence, or of business, of the parties;
(b) that Part 2 of the Act applies in relation to the judgment;
(c) if paragraph 6 (1) (b) of the Act applies—the date of the last judgment in proceedings by way of appeal;
(d) if the judgment is a money judgment—
(i) that the judgment was given in a superior court of a country in relation to which Part 2 of the Act extends or an inferior court of such a country, being an inferior court in relation to which that Part extends; and
(ii) if section 13 of the Act does not apply to the country of the original court—that section 13 does not apply;
(e) if the judgment is a non-money judgment—that the judgment is prescribed for the purposes of subsection 5 (6) of the Act;
(f) if applicable—that the judgment was given in proceedings in which a matter for determination arose under the Commerce Act 1986 of New Zealand (other than proceedings in which a matter for determination arose under section 36A, 98H or 99A of that Act);
(g) that if the judgment were registered the registration would not be, or be liable to be, set aside under section 7 of the Act;
(h) the amount of costs of and incidental to the registration sought to be included in the registered judgment.
“(2) A further affidavit in support of the application shall be filed on the day on which the application is to be heard and shall state—
(a) that on that day the judgment can be enforced in the country of the original court; and
(b) if the judgment is a money judgment—
(i) that on that day the judgment has not been wholly satisfied;
(ii) if the judgment has been partly satisfied—the balance remaining payable on that day;
(iii) the interest (if any) which, by the law of the country of the original court, has become due up to the time of registration; and
(iv) if the amount payable under the judgment is expressed in a currency other than Australian currency and the application does not state that the judgment is to be registered in the currency in which it is expressed—that the judgment is to be registered for the equivalent amount in Australian currency, based on the rate of exchange prevailing on the day of the application for registration.
“(3) An affidavit filed in accordance with subsection (2) shall set out the facts and grounds relied on for each statement made in the affidavit and attach any certificates that have been issued by the original court—
(a) setting out the causes of action to which the judgment relates;
(b) stating whether or not the judgment can be enforced in the country of the original court; and
(c) setting out the rate of interest (if any) payable under the law of that country on any amount payable under the judgment.
“5. (1) An order for the registration of a money judgment shall be in accordance with Form 78B.
“(2) An order for the registration of a non-money judgment shall be in accordance with Form 78C.
“6. (1) The party named in an order for registration of a judgment as the judgment creditor shall serve notice of the registration in accordance with Form 78D or 78E (as the case requires) on the party named in the order as the judgment debtor.
“(2) The notice shall have attached—
(a) an office copy of the order; and
(b) copies of the affidavits filed in accordance with rule 4.
“(3) The notice and the attachments to it shall be served personally unless some other mode of service is ordered by the Court.
“7. Before any step is taken to enforce a registered judgment, an affidavit of due service of notice of the registration shall be filed.
“8. Rule 5 of Order 64 applies in relation to an application to have the registration of a judgment set aside as if the period within which the application may be made had been appointed by these Rules.
“9. On an application to have the registration of a judgment set aside, the Court may give such directions as may be necessary for the statement and trial of any issue arising in the application.
“10. The Court may order an applicant for registration of a judgment to give such security as the Court thinks fit for the costs of the application and of any application that may be brought to set aside the registration of the judgment.
“11. The Registrar shall maintain a record of the following particulars of each registered judgment:
(a) the details of the judgment of the original court;
(b) the date of the order that the judgment be registered;
(c) the full name and address of the party named in the order as the judgment creditor, or the name and address of that party's solicitor or agent on whom a document can be served;
(d) the full name, occupation and last known address of the party named in the order as the judgment debtor;
(e) if the judgment is a money judgment—
(i) the amount payable under the judgment expressed in the currency in which the judgment is registered;
(ii) the interest (if any) due under the judgment up to the time of registration; and
(iii) the rate at which interest is due under the judgment;
(f) if the judgment is a non-money judgment—the terms of the judgment;
(g) the amount of costs of, and incidental to, registration included in the registered judgment;
(h) the particulars of any enforcement of or proceeding in respect of the registered judgment.”.