EXHIBIT 5 February 6, 2007 Catuity Inc. 300 Preston Avenue Suite 30 Charlottesville, VA 22902 Greetings: We have acted as counsel to Catuity Inc., a Delaware corporation (the "Company"), in connection with the proposed registration of 769,230 shares of the Company's common stock ("Common Stock") to be offered and sold by certain selling stockholders, as described in a Registration Statement on Form SB-2 filed with the Securities and Exchange Commission (together with all amendments thereto, the "Registration Statement"). It is our opinion that the shares of Common Stock to be registered under the Registration Statement, when issued pursuant to the terms of the underlying shares of Series A Convertible Preferred Stock and Convertible Notes, will have been duly authorized and validly issued, and will be fully paid and non-assessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement. Very truly yours, JAFFE, RAITT, HEUER & WEISS Professional Corporation /s/ Jaffe, Raitt, Heuer, & Weiss