Notice of motion – charging order73 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 73 (version 3)

UCPR 39.45

NOTICE OF MOTION

CHARGING ORDER

COURT DETAILS
Court
#Division
#List
Registry
Case number
TITLE OF PROCEEDINGS
[First] plaintiff	[name]
#Second plaintiff #Number of plaintiffs (if more than two)
[First] defendant	[name]
#Second defendant #Number of defendants (if more than two)
JUDGMENT DETAILS
Date of judgment to be enforced
FILING DETAILS
Person seeking orders	[name] [role of party eg plaintiff] (judgment creditor)
#Filed in relation to	[eg plaintiff's claim, (number) cross-claim] [include only if form to be eFiled]
#Legal representative	[solicitor on record] [firm]
#Legal representative reference	[reference number]
Contact name and telephone	[name] [telephone]
Contact email	[email address]
PERSON AFFECTED BY ORDERS SOUGHT

[name] [role of party eg defendant] (judgment debtor)

HEARING DETAILS

This motion is to be dealt with in the absence of the parties.

[on separate page]

ORDERS SOUGHT

1. A charging order in favour of the judgment creditor to apply to the following security interests:

[list]

2. The chargee be restrained from dealing with the security interests otherwise than in accordance with the directions of the judgment creditor, until further order of the court or until the judgment debt against the judgment debtor[s] is satisfied in full.

SIGNATURE

#Signature of legal representative

#Signature of or on behalf of party if

not legally represented

Capacity [eg solicitor, authorised officer, role of party]

Date of signature      

[on separate page]

AFFIDAVIT
Name
Address
Occupation
Date

I [#say on oath #affirm]:

1. #I am the judgment creditor.

#I am [give details of the capacity of the person making the affidavit and the facts that qualify the person to make the affidavit].

2. #No payments have been made to reduce the judgment debt.

#Payments of $[amount] have been made to reduce the judgment debt.

3. The amount payable under the judgment (including any prior enforcement costs, but excluding interest after judgment under section 101 of the Civil Procedure Act 2005) as at the date of this affidavit is $[amount].
4. Interest payable under section 101 of the Civil Procedure Act 2005 is $[amount].
5. The amounts claimed for costs for the issue of the order are:

Service fees $     

Solicitors fees $     

TOTAL $     

6. The proposed chargee is [name] of [address].
7. #The judgment is not stayed by an order of the court, by an instalment order or by a suspension under section 377(1) or 386(1) of the Legal Profession Act 2004 that has not been ended.

#The judgment debt was the subject of an instalment order that has ceased to have effect for the following reason:

[set out reason]

#SWORN #AFFIRMED at
Signature of deponent
Name of witness
Address of witness
Capacity of witness	[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent): 1 #I saw the face of the deponent. [OR, delete whichever option is inapplicable] #I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.* 2 #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable] #I have confirmed the deponent’s identity using the following identification document:
	Identification document relied on (may be original or certified copy) †
Signature of witness

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

____________________________

[* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]

[†"Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.]

Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.