New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 53.3

53.3 Evidence

(cf SCR Part 59A, rule 3)

(1) The evidence in support of an application for registration of a judgment must include the following--

(a) the judgment or a verified or certified or otherwise duly authenticated copy of the judgment,

(b) if the judgment is not in English, a translation of the judgment into English, certified by a notary public or authenticated by evidence,

(c) evidence showing which, if some only, provisions of the judgment are the subject of the application,

(d) if it is a money judgment, evidence showing the amount originally payable under the judgment,

(e) evidence showing that the Supreme Court is the appropriate court under section 6(1) of the Foreign Judgments Act 1991 of the Commonwealth,

(f) evidence showing the name and trade or business, and the usual or last known residential or business addresses, of the judgment creditor and judgment debtor,

(g) evidence showing that the judgment creditor is entitled to enforce the judgment,

(h) evidence showing--

(i) that, at the date of the application, the judgment can be enforced by execution in the country of the original court, and

(ii) that, if the judgment were registered in the Supreme Court, the registration would not be liable to be set aside under section 7 of the Foreign Judgments Act 1991 of the Commonwealth,

(i) if interest is payable by the law of the country of the original court on any money which is payable under the judgment, evidence showing--

(i) the rate of interest, and

(ii) the amount of interest which has become due under the judgment up to the time of application for registration, and

(iii) the daily amount of interest which, subject to any future payment on account of the judgment, will accrue after the date of the application,

(j) evidence showing the extent to which the judgment is unsatisfied,

(k) such other evidence as may be required having regard to any regulations made under the Foreign Judgments Act 1991 of the Commonwealth.

(2) The evidence referred to in subrule (1) must relate to those provisions of the judgment that are the subject of the application.

(3) The evidence referred to in subrule (1)(g)-(j) may be evidence to the best of the information or belief of the deponent or witness giving the evidence.

(4) All amounts of money referred to in this rule must be expressed--

(a) in the currency in which the judgment is expressed, and

(b) if the judgment creditor has not made a statement under section 6(11)(a) of the Foreign Judgments Act 1991 of the Commonwealth, as an equivalent amount in Australian currency calculated in accordance with section 6(11)(b), (11A) and (11B) of that Act.