Commonwealth Numbered Regulations Commonwealth Numbered RegulationsIf 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; and
(b) have attached to it a copy of the order or agreement to be enforced; and
(c) set out the facts relied on, including the following:
(i) the name of the payee;
(ii) the address of the payee, unless disclosing this address would compromise the payee's safety;
(iii) the name and address of the payer;
(iv) that the payee is entitled to proceed to enforce the obligation;
(v) that the payer is aware of the obligation and is liable to satisfy it;
(vi) that any condition has been fulfilled;
(vii) details of any dispute about the amount of money owed;
(viii) the total amount of money currently owed and any details showing how the amount is calculated, including interest (if any) and the date and amount of any payments already made;
(ix) what other legal action has been taken in an effort to enforce the obligation;
(x) details of any other current applications to enforce the obligation; and
(xi) 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 the purposes of paragraph (a), orders that may be sought include an Enforcement Warrant; a Third Party Debt Notice; an order for filing and service of Financial Statement; an order for production of documents.