Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 41.63

Further affidavit to be filed on day of hearing

                The applicant must on the day of the hearing file a further affidavit stating the following:

                (a)    the causes of action to which the judgment relates;

               ( b)    that the judgment can be enforced in the country of the original court;

                (c)    the rate of interest (if any) payable under the law of that country on any amount payable under the judgment;

               (d)    if the judgment is a money judgment:

                          (i)    that the judgment has not been wholly satisfied; and

                         (ii)    if the judgment has been partly satisfied -- the balance remaining payable on that day; and

                        (iii)    the interest (if any) that by the law of the country of the original court has become due under the judgment 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 that day.

                (e)    briefly but specifically, the grounds relied on for each statement made in the affidavit.

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