Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 20.06

                If these Rules require a person seeking an enforcement order to file an affidavit, the affidavit must:

        (a)         if it is not required to be filed with an application — state the orders sought;

        (b)         have attached to it a copy of the order or agreement to be enforced;

        (c)         set out the facts relied on, including:

        (i)         the name and address of the payee;

        (ii)         the name and address of the payer;

        (iii)         that the payee is entitled to proceed to enforce the obligation;

        (iv)         that the payer is aware of the obligation and is liable to satisfy it;

        (v)         that any condition has been fulfilled;

        (vi)         details of any dispute about the amount of money owed;

        (vii)         the total amount of money currently owed and
any details showing how the amount is calculated, including:

        (A)         interest, if any; and

        (B)         the date and amount of any payments already made;

        (viii)         what other legal action has been taken in an effort to enforce the obligation;

        (ix)         details of any other current applications to enforce the obligation; and

        (x)         the amount claimed for costs, including costs of any proposed enforcement; and

        (d)         be sworn no more than 2 days before it is filed.

Examples for paragraph (a)

An Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents.