Supreme Court (Chapter VI Amendment No. 1) Rules 1999

i Supreme Court (Chapter VI Amendment No. 1) Rules 1999 S.R. No. 33/1999 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Change to title 2 1.01 Title 2 5. Substitution for Rules 1.05, 1.06 and 1.07 2 1.05 Definitions 2 1.06 Registrar of Criminal Appeals 2 1.07 Calculating time 2 1.08 Extension and abridgement 3 1.09 Process in vacation 3 1.10 Content and form of documents 3 1.11 Filing of documents 4 1.12 Subpoenas 4 1.13 Authentication 4 1.14 Amendment of judgment or order 5 1.15 Effect of non-compliance 5 6. Registrar to provide copy of affidavit 5 7. Amendment of Rule 2.10 6 8. Crown appeal—application of Rules 2.28.1 and 2.28.2 6 2.28.3. Crown appeals 6 9. Amendment of Rule 2.35 6 10. New Order 6 6 ORDER 6—CONFISCATION OF PROPERTY 7 6.01 Definition 7 6.02 Application of this Order 7 6.03 Making of application to the Court 7 6.04 Notice generally 7 6.05 Application without notice 7 6.06 Notice of application 8 6.07 Filing and directions 9 6.08 Notice of opposition to an application 10 6.09 Evidence 10 6.10 Notice of order or declaration 10 -- 1 of 50 -- Rule Page ii 6.11 Notice of discharge 12 6.12 Interstate order 12 11. Substitution of Order 8 13 ORDER 8—PROCEEDS OF CRIME RULES 13 8.01 Definition 13 8.02 Application 13 8.03 Notice 13 8.04 Filing, service, directions 13 8.05 Examination on oath 14 12. Amendment to Form 6-2A 14 13. Amendment to Form 6-2B 15 14. Amendment to Form 6-2C 15 15. Amendment to Form 6-2D 16 16. New Forms for Order 6 17 Form 6-6A—Application under section 16 for Restraining Order 18 Form 6-6B—Notice of application made under section 16 20 Form 6-6C—Notice of application to be made under section 20 for Exclusion Order 21 Form 6-6D—Notice of application to be made under section 26 for further Orders 23 Form 6-6E—Notice of application to be made under section 32 for Forfeiture Order 25 Form 6-6F—Notice of application to be made under section 37 for Civil Forfeiture Order 28 Form 6-6G—Notice of application to be made under section 45 for relief from hardship 31 Form 6-6H—Notice of application to be made under Part 6 of the Confiscation Act for Exclusion Order 33 Form 6-6J—Notice of application to be made under section 58 for Pecuniary Penalty Order 35 Form 6-6K—Notice of application to be made under section 63 for Pecuniary Penalty Order 37 Form 6-6L—Notice of application to be made under section [insert number] of the Confiscation Act 1997 40 Form 6-6M—Important note 42 Form 6-6N—Notice of discharge of forfeiture 43 17. Forms for Order 8 45 Form 6-8A—Application 45 Form 6-8B—Application 46 ═══════════════ NOTES 48 -- 2 of 50 -- 1 STATUTORY RULES 1999 S.R. No. 33/1999 Supreme Court Act 1986 Crimes Act 1958 Confiscation Act 1997 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend the Criminal Appeals and Procedures Rules 1998 so as to— (a) change the title of those Rules and include certain provisions of general application; and (b) make further provision with respect to criminal appeals; and (c) make provision for proceedings in the Supreme Court under the Confiscation Act 1997. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 583 of the Crimes Act 1958, section 147 of the Confiscation Act 1997 and all other enabling powers. 3. Principal Rules In these Rules, Chapter VI of the Rules of the Supreme Court1 is called the Principal Rules. -- 3 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 2 4. Change to title (1) For the title of the Criminal Appeals and Procedures Rules 1998 2 substitute "Supreme Court (Criminal Procedure) Rules 1998". (2) For Rule 1.01 of the Principal Rules substitute— "1.01 Title These Rules constitute Chapter VI of the Rules of the Supreme Court and are entitled the Supreme Court (Criminal Procedure) Rules 1998.". 5. Substitution for Rules 1.05, 1.06 and 1.07 For Rules 1.05, 1.06 and 1.07 of the Principal Rules substitute— '1.05 Definitions In these Rules— "Chapter I" means Chapter I of the Rules of the Supreme Court; "solicitor" has the same meaning as it has in Chapter I. 1.06 Registrar of Criminal Appeals In these Rules a reference to the Registrar of Criminal Appeals shall be taken to be a reference to the Registrar of the Court of Appeal if those two offices are for the time being held by the same person. 1.07 Calculating time (1) Any period of time fixed by or under these Rules shall be calculated in accordance with this Rule. (2) Where a time of one day or longer is to begin on, or to be calculated from, a day or event, r. 4 -- 4 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 3 the day or the day of the event shall be excluded. (3) Where a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included. (4) Where a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded. (5) Where the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open. 1.08 Extension and abridgement (1) The Court may extend or abridge any time fixed by or under these Rules. (2) The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires. 1.09 Process in vacation In calculating the time fixed by or under these Rules, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders. 1.10 Content and form of documents (1) Except to the extent that the nature of the document renders compliance impracticable, a document prepared by a party for use in the Court shall be prepared in accordance with Order 27, other than Rule 2, of Chapter I. (2) An affidavit shall be made in the first person and shall be prepared in accordance with Order 43 of Chapter I. r. 5 -- 5 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 4 1.11 Filing of documents (1) Subject to paragraph (2), a document in a proceeding to which these Rules relate is filed by filing it— (a) in the office of the Prothonotary or, where a proceeding is commenced in an office of the Court outside Melbourne, in that office; or (b) with the proper officer in court. (2) A document in a proceeding in the Court of Appeal is filed by filing it— (a) in the office of the Registrar of Criminal Appeals; or (b) with the proper officer in court. (3) The person with whom the document is filed shall indorse on it the date and time of filing. (4) A document filed in a proceeding to which these Rules relate is not open for inspection unless the Court or the Prothonotary, Deputy Prothonotary or Registrar (as the case requires) so directs. 1.12 Subpoenas Order 42, apart from Rule 42.10, of Chapter I applies with any necessary modification to a proceeding to which these Rules relate. 1.13 Authentication (1) A judgment or order of the Court in a proceeding to which these Rules relate may be authenticated in accordance with this Rule. (2) Subject to paragraph (3), a judgment or order of the Court is authenticated when the r. 5 -- 6 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 5 judgment or order, having been drawn up, is signed by a Judge or sealed by the Prothonotary. (3) In a proceeding in the Court of Appeal, a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a member of the Court of Appeal or the Registrar of Criminal Appeals. 1.14 Amendment of judgment or order For the sake of removing doubt, it is declared that the inherent power of the Court to correct a clerical mistake in a judgment or order or an error arising in a judgment or order from any accidental slip or omission may be exercised at any time. 1.15 Effect of non-compliance (1) A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order therein a nullity. (2) The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.'. 6. Registrar to provide copy of affidavit For Rule 2.09(2) of the Principal Rules substitute— "(2) Where the Registrar has considered an affidavit or other material from the Crown in the course of deciding to refuse the application, the Registrar shall provide the appellant with a copy of that affidavit or material when notifying the appellant of his decision. r. 6 -- 7 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 6 (3) An election under paragraph (1) shall be in writing in Form 6-2G, which the Registrar shall forward to the appellant, who must return the election to the Registrar within five days after receiving it.". 7. Amendment of Rule 2.10 (1) In Rule 2.10(1) of the Principal Rules for "An appeal or" substitute "Subject to paragraph (3), an appeal (including an application for leave to appeal) or". (2) After Rule 2.10(2) of the Principal Rules insert— "(3) An application for leave to appeal against sentence may be abandoned not less than three days before the day fixed for the hearing of the application.". 8. Crown appeal—application of Rules 2.28.1 and 2.28.2 After Rule 2.28.2 of the Principal Rules insert— '2.28.3. Crown appeals In relation to a Crown appeal, Rules 2.28.1 and 2.28.2 shall be read and construed as if the word "appellant" were "respondent".'. 9. Amendment of Rule 2.35 In Rule 2.35(2) of the Principal Rules for "A prison officer" substitute "The prison officer". 10. New Order 6 For Order 6 of the Principal Rules substitute— r. 7 -- 8 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 7 'ORDER 6—CONFISCATION OF PROPERTY 6.01 Definition In this Order— "the Act" means the Confiscation Act 1997. 6.02 Application of this Order (1) This Order applies to a proceeding in the Court under the Confiscation Act 1997. (2) Rules 6.03 to 6.10 apply in relation to an application to the Court under Part 2, 3, 4, 5, 6 or 8 of the Act (as the case requires) unless a Judge orders or directs otherwise. (3) Order 6 of the Criminal Appeals and Procedures Rules 1998 as in force immediately before the commencement of the Supreme Court (Chapter VI Amendment No. 1) Rules 1999 continues to apply to proceedings under the Crimes (Confiscation of Profits) Act 1986. 6.03 Making of application to the Court An application to the Court is taken to be made when the application is first brought on before a Judge for hearing or for directions. 6.04 Notice generally Where notice is required by or under the Act or this Order to be given to any person, it shall be in writing and served on that person in accordance with section 137 of the Act. 6.05 Application without notice -- 9 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 8 (1) An application to the Court which is made without notice to any other person shall be in writing. (2) An application under section 16 of the Act for a restraining order shall be in Form 6-6A supported by an affidavit. (3) Any other application to the Court which is made without notice may be in Form 6-6A with any necessary modification. (4) If under section 17(1) of the Act the Court requires notice to be given that the application has been made, the notice shall be in Form 6-6B. 6.06 Notice of application (1) Notice of an application to be made— (a) under section 20 of the Act for an exclusion order shall be in Form 6-6C; (b) under section 26 of the Act for further orders in relation to a restraining order shall be in Form 6-6D; (c) under section 32 of the Act for a forfeiture order shall be in Form 6-6E; (d) under section 37 of the Act for a civil forfeiture order shall be in Form 6-6F; (e) under section 45 of the Act for relief from hardship shall be in Form 6-6G; (f) under section 49, 51 or 53 of the Act for an exclusion order shall be in Form 6-6H; (g) under section 58 of the Act for a pecuniary penalty order shall be in Form 6-6J; r. 10 -- 10 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 9 (h) under section 63 of the Act for a pecuniary penalty order shall be in Form 6-6K. (2) Notice of any other application to be made to the Court for an order or declaration may be in Form 6-6L with any necessary modification. (3) Notice of an application to be made shall be given not less than five days before the day named in the notice for the hearing of the application. 6.07 Filing and directions (1) In a proceeding to which this Order applies— (a) an application made without notice; (b) a notice of an application or any other notice given; (c) an affidavit to be relied on; (d) an order made— shall be filed in the Court, unless the Court otherwise orders. (2) At the time when an application or notice of an application is filed, the Prothonotary shall insert the time and place at which the application is to be heard and such time and place shall be included in any copy which is served. (3) After an application or notice of an application has been filed, a Judge may give directions for the hearing of the application, including directions for the production to the Court of any transcript of proceedings relating to a conviction relied upon in the application. r. 10 -- 11 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 10 6.08 Notice of opposition to an application A person who intends to oppose an application for an order or declaration shall give notice to the applicant of the grounds on which the application will be opposed. 6.09 Evidence (1) Evidence in support of an application for a restraining order shall be on affidavit, unless the application is brought on for hearing during or at the conclusion of the trial of the defendant. (2) Evidence in support of an application for an exclusion order shall be on affidavit. (3) Subject to paragraphs (1) and (2), evidence on the hearing of an application may be on affidavit and shall be on affidavit if the Court so directs. (4) A copy of an affidavit on which the applicant intends to rely shall be served on any person to whom notice of the application has been given. (5) A copy of an affidavit on which a person other than the applicant intends to rely shall be served on the applicant and any other person, if known, to whom notice of the application has been given. 6.10 Notice of order or declaration (1) Subject to paragraph (2) and Rule 6.11, where notice is required to be given to any person of an order made by the Court under the Act, notice shall be given by serving a copy of the order on that person in accordance with section 137 of the Act. r. 10 -- 12 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 11 (2) In the case of a restraining order made under Part 2 of the Act for the purpose of automatic forfeiture, a copy of the order shall be accompanied by a notice in Form 6-6M. (3) Where a restraining order, forfeiture order or order for civil forfeiture is made by the Court upon the application of any person, notice of the order shall be given by the applicant to— (a) each person who the applicant has reason to believe has an interest in any of the property which is subject to the order, unless that person was present when the order was made or was given notice of the making of the application for the order; and (b) such other person as the Court directs. (4) Where a declaration is made by the Court— (a) under section 35(3) of the Act, of the date on which a person (in respect of whom a restraining order has been made) is deemed to have been convicted of an automatic forfeiture offence; or (b) under section 36 of the Act, that property has been forfeited— notice of the order containing the declaration shall be given by the applicant to— (c) each person who the applicant has reason to believe had an interest in any of the property which is forfeited immediately before the property was forfeited, unless that person was present when the declaration was made or was given notice of the application for the declaration; and r. 10 -- 13 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 12 (b) such other person as the Court directs. 6.11 Notice of discharge (1) Notice under section 46(2), 47(2) or 48(2) of the Act of discharge of a forfeiture order, automatic forfeiture or a civil forfeiture order, as the case may be, shall be in Form 6-6N. (2) If a pecuniary penalty order registered under the Service and Execution of Process Act 1992 of the Commonwealth is discharged, notice of discharge shall be given by the person who procured the registration of the order. (3) Notice of discharge under paragraph (2) shall be given by sending a sealed copy of the order of discharge to the Prothonotary, Registrar or other proper officer of the court in which the order was registered. 6.12 Interstate order (1) For the purposes of section 125(4) of the Act, registration of an interstate order shall be effected by filing a sealed copy of the order in the Court. (2) For the purposes of section 125(5) of the Act, a facsimile copy of an interstate order or of any amendments to an interstate order shall be taken to be certified if it contains— (a) a facsimile copy of the seal of the court which made the order; or (b) a facsimile copy of a statement purporting to be signed by the Prothonotary, Registrar or other proper r. 10 -- 14 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 13 officer to the effect that the copy is a true copy of the order of the court.'. 11. Substitution of Order 8 For Order 8 of the Principal Rules substitute— 'ORDER 8—PROCEEDS OF CRIME RULES 8.01 Definition In this Order— "the Act" means the Proceeds of Crime Act 1987 of the Commonwealth. 8.02 Application (1) An application under the Act for— (a) a forfeiture order; (b) a claim to an interest in property in respect of which a forfeiture order has been made or is applied for; (c) a pecuniary penalty order; (d) an order that property is available to satisfy a pecuniary penalty order— shall be in Form 6-8A adapted as the circumstances of the case require. (2) An application for a restraining order shall be in Form 6-8B adapted as the circumstances of the case require. 8.03 Notice Where notice is required by or under the Act to be given it shall be in writing. 8.04 Filing, service, directions r. 11 -- 15 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 14 (1) An application, an affidavit and a copy of a notice given in a proceeding under the Act shall be filed in the Court unless the Court otherwise orders. (2) A copy of an application, a copy of an affidavit and a notice given in a proceeding under the Act shall be served personally or in such other manner as the Court directs. (3) An application is taken to have been made when it is filed. (4) After an application has been filed, a Judge may give directions for the hearing of the application, including directions for the production to the Court of any transcript of proceedings relating to a conviction relied upon in the application. 8.05 Examination on oath An examination the subject of an order made under section 48(1)(c) of the Act shall be conducted before a Master.'. 12. Amendment to Form 6-2A In Form 6-2A to the Principal Rules— (a) for— "A.B. Appellant and The Queen Respondent" substitute— "The Queen v. A.B."; (b) after paragraph 10 of the PARTICULARS insert— r. 12 -- 16 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 15 "11. State whether you wish to be present at the hearing of this proceeding:"; (c) in note 1 of the IMPORTANT NOTES for "you should notify" substitute "you should complete paragraph 11 accordingly or otherwise notify"; (d) after note 2 of the IMPORTANT NOTES insert— "3. An appeal may be abandoned at any time before the hearing of the appeal by filing with the Registrar a notice of abandonment in the appropriate form.". 13. Amendment to Form 6-2B In Form 6-2B to the Principal Rules— (a) after paragraph 9 of the PARTICULARS insert— "10. State whether you wish to be present at the hearing of this proceeding:"; (b) in note 1 of the IMPORTANT NOTES for "you should notify" substitute "you should complete paragraph 10 accordingly or otherwise notify"; (c) after note 3 of the IMPORTANT NOTES insert— "4. An appeal may be abandoned at any time before the hearing of the appeal by filing with the Registrar a notice of abandonment in the appropriate form.". 14. Amendment to Form 6-2C In Form 6-2C to the Principal Rules— r. 13 -- 17 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 16 (a) after paragraph 9 of the PARTICULARS insert— "10. State whether you wish to be present at the hearing of this proceeding:"; (b) in note 1 of the IMPORTANT NOTES for "you should notify" substitute "you should complete paragraph 10 accordingly or otherwise notify"; (c) after note 3 of the IMPORTANT NOTES insert— "4. An application for leave to appeal against conviction may be abandoned at any time before the hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form.". 15. Amendment to Form 6-2D In Form 6-2D to the Principal Rules— (a) after paragraph 9 of the PARTICULARS insert— "10. State whether you wish to be present at the hearing of this proceeding:"; (b) in note 1 of the IMPORTANT NOTES for "you should notify" substitute "you should complete paragraph 10 accordingly or otherwise notify"; (c) after note 3 of the IMPORTANT NOTES insert— "4. You should be aware that the Court of Appeal has the power under section 568 of the Crimes Act 1958, if it quashes the sentence passed below and substitutes a different sentence, to impose a sentence which is more or less severe than the sentence which is quashed. 5. An application for leave to appeal against sentence may be abandoned not less than three days before the day fixed for the -- 18 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 17 hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form.". 16. New Forms for Order 6 For Forms 6-6A, 6-6B and 6-6C to the Principal Rules substitute— r. 16 -- 19 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 18 'Rule 6.05(2) and (3) FORM 6-6A IN THE SUPREME COURT OF VICTORIA IN THE MATTER of the Confiscation Act 1997 and IN THE MATTER of an offender or alleged offender, XY [name in full] and IN THE MATTER of an Application by AB [name in full] Applicant APPLICATION UNDER SECTION 16 FOR RESTRAINING ORDER TO: the Prothonotary of the Supreme Court of Victoria TAKE NOTICE THAT [name of the person making the application] ("the Applicant") MAKES APPLICATION under section 16 of the Confiscation Act 1997 ("the Confiscation Act") FOR A RESTRAINING ORDER in respect of property in which the said XY has an interest or which is tainted property within the meaning of the Confiscation Act. THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because XY— * has been charged with * within the next 48 hours will be charged with * has been convicted of [state offence and, if relevant, details of conviction] and that offence is, within the meaning of the Confiscation Act— * a civil forfeiture offence * an automatic forfeiture offence * a forfeiture offence which is neither a civil forfeiture offence nor an automatic forfeiture offence 2. THE APPLICANT is— r. 16 -- 20 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 19 * the Director of Public Prosecutions * a prescribed person * a person belonging to a prescribed class of persons, namely [identify class] 3. THE APPLICATION IS IN RESPECT OF the following property— [describe the property in detail] 4. THE GROUNDS on which this application is made are as follows— [set out in detail the grounds of the application] 5. THE PURPOSE OF THE ORDER SOUGHT is so that the property the subject of the order will be available— * to satisfy any forfeiture order that may be made under Division 1 of Part 3 of the Confiscation Act * to satisfy automatic forfeiture of property that may occur under Division 2 of Part 3 of the Confiscation Act * to satisfy any civil forfeiture order that may be made under Part 4 of the Confiscation Act * to satisfy any pecuniary penalty order that may be made under Part 8 of the Confiscation Act * to satisfy any order for restitution or compensation that may be made under the Sentencing Act 1991 THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the Judge in the Practice Court/*the trial Judge in the [number] Court at 210 William Street, Melbourne, on [date] *at [time] /*after sentence. [Signed by Prothonotary] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 21 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 20 Rule 6.05(4) FORM 6-6B [heading as in Form 6-6A] NOTICE OF APPLICATION MADE UNDER SECTION 16 TO: [name and address of person(s) to whom this notice is to be given] TAKE NOTICE THAT APPLICATION HAS BEEN MADE to the Supreme Court of Victoria under section 16 of the Confiscation Act 1997 for a Restraining Order in respect of certain property belonging to [name in full]. A copy of the application is attached. THIS NOTICE is given to you as a person who may have an interest in the property which is the subject of the application. This Notice is given by the Applicant pursuant to an Order of the Supreme Court made in this proceeding on [date]. THE HEARING of this application will be resumed— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] AS A PERSON TO WHOM THIS NOTICE IS GIVEN— 1. You are entitled to appear and to give evidence at the hearing of the application, but your absence will not prevent the Court from making the order which is being sought. 2. If you propose to contest this application for an exclusion order, the Rules of the Supreme Court require you to give the Applicant notice of the grounds on which the application is to be contested. The Rules also provide that evidence may be given by affidavit. You must serve on the application any affidavit(s) on which you intend to rely. Date: [Signed by Applicant] NOTE: If a Restraining Order is made under the Confiscation Act 1997 then in certain events the property in respect of which the Order is made may be taken by the State and any interest you have in that property may be lost. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 22 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 21 Rule 6.06(1)(a) FORM 6-6C IN THE SUPREME COURT OF VICTORIA IN THE MATTER of the Confiscation Act 1997 and IN THE MATTER of an offender or alleged offender, XY [name in full] BETWEEN: AB Applicant and CD Respondent NOTICE OF APPLICATION TO BE MADE UNDER SECTION 20 FOR EXCLUSION ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 20 of the Confiscation Act 1997 ("the Confiscation Act") for an Order excluding from a Restraining Order the following property:[describe in detail the property which it is sought to exclude from the Restraining Order] THE ADDRESS FOR SERVICE of the Applicant is [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order sought arises because (or when) a Restraining Order has been made under section 18 of the Confiscation Act in relation to the property of [name in full] on the application of [name of applicant for Restraining Order] 2. THE APPLICANT is a person claiming an interest in the following property which is otherwise subject to the Restraining Order, that is to say: [describe in detail the property in respect of which exclusion is sought] r. 16 -- 23 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 22 3. THE RESPONDENT(S) to this application is/are— * a person who the Applicant has reason to believe has an interest in the property in respect of which exclusion is sought * the applicant for the abovementioned Restraining Order 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given on affidavit. You must serve on the Applicant any affidavit(s) on which you intend to reply. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 24 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 23 Rule 6.06(1)(b) FORM 6-6D [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 26 FOR FURTHER ORDERS TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 26 of the Confiscation Act 1997 ("the Confiscation Act") FOR FURTHER ORDER(S) in relation to property to which a Restraining Order relates, that is to say— [set out in detail the order(s) sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because in relation to the property of XY— * application has been made to the Supreme Court of Victoria for a Restraining Order * the Supreme Court of Victoria made a Restraining Order on [date] 2. THE APPLICANT is: [describe the standing of the Applicant to make the application, e.g. the applicant for the Restraining Order OR a person who claims an interest in property to which the Restraining Order relates OR the person to whose property the Restraining Order relates OR otherwise as specified in s.26(2) of the Confiscation Act] 3. THE APPLICATION IS IN RESPECT of the following property— [describe in detail the property to which the further order(s) sought will relate] 4. THE RESPONDENT(S) to this application is/are each a person referred to in paragraphs (a) to (d) of subsection (2) of section 26 of the Confiscation Act who could have applied for the Order(s) which is/are sought on this application. r. 16 -- 25 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 24 5. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 26 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 25 Rule 6.06(1)(c) FORM 6-6E [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 32 FOR FORFEITURE ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 32(1) of the Confiscation Act 1997 ("the Confiscation Act") FOR A FORFEITURE ORDER with respect to the following property: [describe in detail the property in respect of which the forfeiture order is sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order sought arises because (or when) XY has been convicted in the [name] Court on [date] of the offence of [describe the offence] which is a forfeiture offence within the meaning of the Confiscation Act. 2. THE APPLICANT is— * the Director of Public Prosecutions * an appropriate officer within the meaning of the Confiscation Act 3. THE RESPONDENT(S) to this application is/are— * the person in respect of whose property the Order is sought * a person who the Applicant has reason to believe has an interest in the property * a person to whom the Court has required that notice be given 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 5. IF the Respondent has already been convicted of the offence described above, A TIME LIMIT APPLIES under section 32(2) of the Confiscation Act and this application will be made— r. 16 -- 27 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 26 * before the end of the relevant period (as defined by the Confiscation Act) in relation to the conviction * after the end of the relevant period (as so defined), but the Applicant will seek the leave of the Court to make this application out of time 6. HAS ANY PREVIOUS APPLICATION been made under section 32(1) of the Confiscation Act in relation to the same conviction? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provides that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to reply. r. 16 -- 28 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 27 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 29 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 28 Rule 6.06(1)(d) FORM 6-6F [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 37 FOR CIVIL FORFEITURE ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 37(1) of the Confiscation Act 1997 ("the Confiscation Act") FOR A CIVIL FORFEITURE ORDER with respect to the following property: [describe in detail the property in respect of which the forfeiture order is sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because XY has been charged with the offence of [describe the offence] which is a civil forfeiture offence within the meaning of the Confiscation Act and a Restraining Order was made by the [name] Court on [date]. 2. THE APPLICANT is— * the Director of Public Prosecutions * a prescribed person within the meaning of section 37 * a person belonging to a prescribed class of persons, namely: [identify class] 3. THE RESPONDENT(S) to this application is/are— * the person who has been charged with a civil forfeiture offence * the person in respect of whose property the Order is sought * a person who the Applicant has reason to believe has an interest in the property * the applicant for the Restraining Order which is in force * a person to whom the Court has required that notice be given 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] r. 16 -- 30 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 29 5. IF a Restraining Order is in force under Part 2 of the Confiscation Act, A TIME LIMIT APPLIES under section 37(3) of the Confiscation Act and this application will be made within the period of 7 days after the making of the Restraining Order. 6. IF the charge against XY has been withdrawn or finally determined, A TIME LIMIT APPLIES under section 37(3A) of the Confiscation Act and this application will be made— * within the period of 6 months after the day on which the charge was withdrawn or finally determined, as the case may be * after the end of that period, but the Applicant will seek the leave of the Court to make this application out of time 7. HAS ANY PREVIOUS APPLICATION been made under section 37(1) of the Confiscation Act in relation to the same civil forfeiture offence? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. r. 16 -- 31 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 30 If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 32 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 31 Rule 6.06(1)(e) FORM 6-6G [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 45 FOR RELIEF FROM HARDSHIP TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name and address of the person making the application] ("the Applicant") INTENDS TO APPLY under section 45 of the Confiscation Act 1997 ("the Confiscation Act") FOR THE FOLLOWING ORDERS— (a) an order that an amount of [specify sum] be paid to [name of payee] out of the property forfeited in order to prevent hardship to [name of person for whose benefit this application is being made] (b) (if the person to benefit is under 18 years of age) such ancillary orders as will ensure that the amount so paid is properly applied THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because— * property has been forfeited under a forfeiture order or a civil forfeiture order made in respect of XY on [date] on the application of [name] * application has been made by [name] for a forfeiture order or a civil forfeiture order in respect of XY 2. THE APPLICANT *is/*is not a person under the age of 18 years. 3. THE RESPONDENT to this application *was/*is the applicant for the forfeiture order *made/*sought in respect of XY. 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application, including the facts relied upon to establish that the payment sought is reasonably necessary to prevent hardship to the person for whose benefit the application is made] r. 16 -- 33 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 32 *THE APPLICANT WILL RELY UPON the affidavit(s) made by [name of deponent(s)] filed in support of this application and be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 34 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 33 Rule 6.06(1)(f) FORM 6-6H [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER PART 6 OF THE CONFISCATION ACT FOR EXCLUSION ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name and address of the person making the application] ("the Applicant") INTENDS TO APPLY under section *49/*51/*53 of the Confiscation Act 1997 ("the Confiscation Act") FOR THE EXCLUSION FROM FORFEITURE of the following property: [describe in detail the property which it is sought to have excluded from forfeiture] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because certain property— * has been forfeited, or is sought to be forfeited, under a forfeiture order * has been forfeited under section 35 of the Confiscation Act * has been forfeited under section 38 of the Confiscation Act 2. THE APPLICANT is a person (other than the defendant) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited. 3. THE RESPONDENT(S) to this application is/are— * the applicant for the forfeiture order * the Director of Public Prosecutions * a person who the Applicant has reason to believe has an interest in the property or had an interest in the property immediately before it was forfeited 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] r. 16 -- 35 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 34 5. IF a forfeiture order has already been made or property has been forfeited under section 35 or 38, A TIME LIMIT APPLIES under section 49(2), 51(2) or 53(2) of the Confiscation Act and this application will be made— * within the period of 60 days after the day on which the forfeiture order was made or the property was forfeited (as the case may be) * after the end of that period of 60 days, but the Applicant will seek the leave of the Court to make this application out of time THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial .Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary]. NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 36 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 35 Rule 6.06(1)(g) FORM 6-6J [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 58 FOR PECUNIARY PENALTY ORDER TO: [full name and address of XY] ("the Respondent") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY FOR A PECUNIARY PENALTY ORDER under section 58 of the Confiscation Act 1997 ("the Confiscation Act"). THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because (or when) XY has been convicted of the offence of [describe the offence] which, within the meaning of the Confiscation Act 1997 ("the Confiscation Act"), is— * an automatic forfeiture offence * a forfeiture offence other than an automatic forfeiture offence 2. THE APPLICANT is the Director of Public Prosecutions. 3. THE RESPONDENT to this application is the person who has been convicted of (or if not yet convicted, has been charged with) the offence described above. 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 5. IF the Respondent has already been convicted of the offence described above, A TIME LIMIT APPLIES under section 58(3) of the Confiscation Act and this application will be made— * before the end of the relevant period (as defined by the Confiscation Act) in relation to the conviction * after the end of the relevant period (as so defined), but the Applicant will seek the leave of the Court to make this application out of time r. 16 -- 37 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 36 6. HAS ANY PREVIOUS APPLICATION been made under section 58 of the Confiscation Act in relation to the same conviction? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *7. THE APPLICANT will seek to have section 68 of the Confiscation Act applied in the assessment of the value of the benefits derived. *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 38 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 37 Rule 6.06(1)(h) FORM 6-6K [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 63 FOR PECUNIARY PENALTY ORDER TO: [full name and address of XY] ("the Respondent") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY FOR A PECUNIARY PENALTY ORDER under section 63(1) of the Confiscation Act 1997 ("the Confiscation Act"). THE ADDRESS FOR SERVICE of the Applicant is [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because XY has been charged with the offence of [describe the offence] which is a civil forfeiture offence within the meaning of the Confiscation Act. 2. THE APPLICANT is— * the Director of Public Prosecutions * a prescribed person within the meaning of section 63 of the Confiscation Act * a person belonging to a prescribed class of persons, namely [identify class] 3. THE RESPONDENT to this application is the person who has been charged with the offence which is a civil forfeiture offence within the meaning of the Confiscation Act. 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 5. IF a Restraining Order is in force under Part 2 of the Confiscation Act, A TIME LIMIT APPLIES under section 63(3) and this application will be made— * within the period of 7 days after the making of the Restraining Order by the [name] Court on [date] * after the expiry of that period of 7 days, but the Applicant will seek the leave of the Court to make this application out of time r. 16 -- 39 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 38 6. IF the charge against XY has been withdrawn or finally determined, A TIME LIMIT APPLIES under section 63(3A) of the Confiscation Act and this application will be made— * within the period of 6 months after the day on which the charge was withdrawn or finally determined, as the case may be * after the end of that period, but the Applicant will seek the leave of the Court to make this application out of time 7. HAS ANY PREVIOUS APPLICATION been made under section 63(1) of the Confiscation Act in relation to the same civil forfeiture offence? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *8. THE APPLICANT will seek to have section 68 of the Confiscation Act applied in the assessment of the value of the benefits derived. *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by r. 16 -- 40 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 39 affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 41 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 40 Rule 6.06(2) FORM 6-6L [heading as in Form 6-6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION [insert number] OF THE CONFISCATION ACT 1997 TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section [number] of the Confiscation Act 1997 ("the Confiscation Act") FOR THE FOLLOWING ORDER(S)— [set out in detail the order(s) sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because [set out circumstances giving rise to the jurisdiction, e.g. XY was convicted on [date] in the [name] Court of the offence of [describe] which is an automatic forfeiture offence within the meaning of the Confiscation Act OR XY will be charged within 48 hours with an offence which is a civil forfeiture offence OR the Supreme Court of Victoria made a Restraining Order on [date] in relation to the property of XY OR application has been made to the Supreme Court of Victoria for a Restraining Order in relation to the property of XY, OR as the case requires] 2. THE APPLICANT is [describe the standing of the Applicant to make the application, e.g. the Director of Public Prosecutions OR a person who has an interest in the property which is subject to a Restraining Order made on [date] OR a person who is caused hardship by the forfeiture of property under an order made on [date] in respect of the property of XY, OR as the case requires] 3. *THE APPLICATION IS IN RESPECT OF the following property— [describe the property in detail] r. 16 -- 42 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 41 4. THE RESPONDENT(S) to this application is/are— [describe the standing of the person(s) to whom notice is given, e.g. the person who obtained the Restraining Order (or the Forfeiture Order, as the case may be) in respect of XY OR a person who the Applicant has reason to believe has an interest in the property or the Director of Public Prosecutions, OR as the case requires] 5. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 6. A TIME LIMIT *does/*does not apply in respect of this application. [If a time limit does apply, state what that time limit is and whether it has been observed and, if not, state whether leave is sought to make the application out of time and on what grounds] *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the application any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ r. 16 -- 43 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 42 Rule 6.10(2) FORM 6-6M [heading as in Form 6-6C] IMPORTANT NOTE TO: [name and address of person being served with copy of Restraining Order] Enclosed is a copy of a Restraining Order made by the Supreme Court of Victoria on [date] in relation to the property of XY. The Order was made under Part 2 of the Confiscation Act 1997 of the State of Victoria. It was made for the purpose of satisfying automatic forfeiture of property that may occur under Division 2 of Part 3 of that Act. Accordingly, the restrained property is forfeited to the State on the expiry of 60 days after the making of this restraining order or (if later) the conviction of XY of the automatic forfeiture offence in reliance upon which, or by reference to the charging or proposed charging of which, this Restraining Order was made UNLESS WITHIN THAT PERIOD OF 60 DAYS an application has been made for an exclusion order under section 22 of the Confiscation Act 1997. The circumstances in which the Court may make an exclusion order, excluding property from the operation of the Restraining Order, are set out in section 22. If you wish to make such an application, you should act promptly. Date: [Signed] [Whenever a Restraining Order is made by the Court under Part 2 of the Confiscation Act 1997 for the purpose of automatic forfeiture, the above IMPORTANT NOTE, or a note to like effect, is to accompany a copy of the Court's order when it is being served.] _______________ r. 16 -- 44 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 43 Rule 6.11(1) FORM 6-6N IN THE SUPREME COURT OF VICTORIA Proceeding No. IN THE MATTER OF THE Confiscation Act 1997 and IN THE MATTER of an offender or alleged offender, XY [name in full] NOTICE OF DISCHARGE OF FORFEITURE TO: [name and address of person(s) to whom this notice is to be given] TAKE NOTICE that— * a forfeiture order which was made by the Supreme Court of Victoria on [date] under Division 1 of Part 3 of the Confiscation Act 1997 has been discharged under section 46 of the Act * the automatic forfeiture of property under Division 2 of Part 3 of the Confiscation Act 1997 has been discharged under section 47 of the Act * a civil forfeiture order made by the Supreme Court of Victoria on [date] under Part 4 of the Confiscation Act 1997 has been discharged under section 48 of the Act otherwise than by payment in accordance with section 56 or 57 of the Act. THIS NOTICE is given by— * in the case of a forfeiture order or a civil forfeiture order, the person on whose application the order was made * in the case of automatic forfeiture, the Director of Public Prosecutions THIS NOTICE is given to you as— * a person who the person giving this notice has reason to believe may have had an interest in the property immediately before it was forfeited * a person to whom notice of the application for the civil forfeiture order was given under Part 4 of the Act * a person to whom, or as one within a class of persons to whom, the [name] Court has required that notice be given r. 16 -- 45 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 44 If you claim an interest in the property which was forfeited, you may make an application to the Minister under section 55 of the Act for the return of the property or its value. Date: [Signed] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable'. _______________ r. 16 -- 46 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 45 17. Forms for Order 8 After Form 6-7B to the Principal Rules insert— " Rule 8.02(1) FORM 6-8A IN THE SUPREME COURT OF VICTORIA IN THE MATTER of the Proceeds of Crime Act 1987 (Commonwealth) and IN THE MATTER of a person convicted, CD [name in full] BETWEEN: AB Applicant and CD Respondent APPLICATION TO: [Respondent] You have been convicted, or are taken to have been convicted, in the Supreme Court of Victoria [or insert name of other court] at [place] of [set out details of conviction]. TAKE NOTICE that the Applicant applies for the following orders against you: [set out in detail the orders sought] Directions as to hearing of this application will be given by the Court [state the date or the occasion, e.g. after sentence] Dated: [e.g. 15 June, 19 ] [Signed by Applicant] The address for service of the Applicant is: [insert address] [The form is to include, in a Schedule if necessary, details of any property in respect of which an order is sought.] _______________ r. 17 -- 47 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 46 Rule 8.02(2) FORM 6-8B IN THE SUPREME COURT OF VICTORIA IN THE MATTER of the Proceeds of Crime Act 1987 (Commonwealth) and IN THE MATTER of an offender or alleged offender, CD [name in full] BETWEEN: AB Applicant and CD Respondent APPLICATION TO: [Respondent] You have been *convicted of/ *charged with / *are about to be charged with an indictable offence [state offence(s)] TAKE NOTICE that the Applicant applies for the following orders against you: [set out in detail the orders sought] Directions as to the hearing of this application will be given by the Court on [state the date or occasion, e.g. after sentence] Dated: [e.g. 15 June, 19 ] [Signed by Applicant] The address for service of the Applicant is: [insert address] [This form is to include, in a Schedule if necessary, details of any property in respect of which an order is sought.] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable". _______________ Dated: 25 March 1999 r. 17 -- 48 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 47 J. H. PHILLIPS, C.J. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. BARRY BEACH, J. G. HAMPEL, J. F. H. R. VINCENT, J. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ═══════════════ r. 17 -- 49 of 50 -- S.R. No. 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 48 NOTES 1 Rule 3: Rule 4 of S.R. No. 33/1998. 2 Rule 4: S.R. No. 33/1998. Notes -- 50 of 50 --