Notice of motion - charging order (Form 73)

A judgment of the Supreme Court or the District Court may be enforced by a charging order (Civil Procedure Act 2005 s 106(1)(c)). A charging order can apply to stock and shares in a public company, money on deposit in a financial institution held for the debtor, and any equitable interest in property (s 126(1)). The application is made by notice of motion, which may be dealt with in the absence of the parties and need not be served on the judgment debtor or the proposed chargee (UCPR r 39.44). Form 73 (version 4) is the approved motion and includes the affidavit in support. The affidavit must be sworn not more than 14 days before filing and must state the amount payable under the judgment with costs and interest, and the extent to which the debt has been satisfied by other enforcement (r 39.45).

When you need it

• You hold an unpaid Supreme or District Court judgment and the debtor owns listed shares, has money on deposit, or has an equitable interest in property.
• You want to stop the debtor dealing with those assets while you enforce the judgment.
• Local Court judgments cannot be enforced by charging order (s 106(1)(c)).

1. 1

   Court, judgment and filing details

   Enter the case details, the date of the judgment to be enforced, the judgment creditor as person seeking orders and the judgment debtor as person affected. The motion is dealt with in the absence of the parties.

2. 2

   Orders sought

   Order 1 lists the security interests to be charged (describe each precisely, for example number and class of shares and the company). Order 2 restrains the chargee from dealing with them except as the judgment creditor directs.

3. 3

   Affidavit paragraphs 1 to 5

   State the deponent's capacity, payments made, the amount payable under the judgment (excluding post-judgment interest), the interest payable under CPA s 101 and the costs claimed for the order.

4. 4

   Affidavit paragraphs 6 and 7

   Name and give the address of the proposed chargee (for example the company or financial institution). Confirm the judgment is not stayed or suspended, or explain why an instalment order has ceased to have effect.

5. 5

   Swearing

   Sworn or affirmed before an authorised witness, who completes the identification certificate. Each page signed by deponent and witness (r 35.7B).

• File the motion in the registry of the court that gave the judgment (Supreme or District Court). Service on the judgment debtor or chargee is not required unless the court orders it (r 39.44(2)).
• The affidavit must be sworn no more than 14 days before filing (r 39.45(1)). If an instalment order has ceased to have effect, you must also file an affidavit about the debtor's failure to comply (r 39.45(3)).
• A filing fee may apply. Check the current fee schedule of the relevant court.

• Add a statement that generative artificial intelligence was not used to generate the affidavit's content: UCPR r 35.3B(2) requires it and Form 73 does not print it.
• A charging order takes effect when made, but you cannot start proceedings to take the benefit of the charge until 3 months after the order (CPA s 126(3) and (4)).
• Serve the sealed charging order (Form 74) on the chargee: a chargee who deals with the interest after notice of the order is liable to you (CPA s 127).