Document ID: chunk:federal_register_of_legislation:F1997B02095:body:0:p3
Version: federal_register_of_legislation:F1997B02095
Segment Type: other
Provision Reference: 
Character Range: 5199–7900

registration shall be supported by an affidavit—
      (a) having annexed to it a certified copy of the judgment of the original court authenticated by the seal of that court and, if the judgment is not in the English language, a translation of the judgment certified by a notary public or authenticated by affidavit;
      (b) stating to the best of the information and belief of the deponent—
          (i) that, at the date of the application, the judgment of the original court has not been satisfied, or, if the judgment has been partly satisfied, the sum in respect of which it remains unsatisfied;
          (ii) that, at the date of the application, the judgment of the original court is enforceable by the applicant by execution in the country in which the original court is situated;
          (iii) that, if the judgment were registered, the registration would not be, or be liable to be, set aside;
          (iv) that the judgment of the original court is no longer subject to ordinary forms of review under the law of the country in which the original court is situated;
          (v) that the judgment was given by a court having jurisdiction of the kind referred to in Article IX of the Convention; and
          (vi) that the judgment was given in respect of an incident that occurred after Australia and the country in which the original court is situated became Contracting States; and

      (c) specifying the rate at which interest (if any) accrues on the judgment under the law of the country in which the original court is situated.
(2) The affidavit shall set out the matters relied on by the deponent as evidence of the matters referred to in paragraphs (1) (b) (v) and (vi).
(3) Where the sum payable under the judgment of the original court is expressed in currency other than Australian currency, the affidavit shall state the amount that that sum represents in Australian currency calculated at the official rate of exchange determined by the Reserve Bank of Australia at the date of the judgment of the original court.
(4) Where a judgment has been given in respect of proceedings for compensation for pollution damage and in respect of other matters, the affidavit shall identify the provisions of the judgment that relate to compensation for pollution damage, being the provisions in respect of which registration is sought.

Security for costs
9. The Court may, in respect of an application for registration of a judgment, order the judgment creditor to give security for the costs of the application and of any proceedings that may be brought to set aside the registration of the judgment.

Order on application for registration of judgment
10. (1) Where an order is