Forfeiture Act 1995 (NSW)

benefit includes any interest in property and any entitlement under Chapter 3 of the Succession Act 2006.

deceased person means a person who is unlawfully killed.

forfeiture application order means an order made under section 11.

forfeiture modification order means an order made under section 5.

forfeiture rule means the unwritten rule of public policy that in certain circumstances precludes a person who has unlawfully killed another person from acquiring a benefit in consequence of the killing.

interested person means any of the following persons—

• (a)

  an offender,

• (b)

  the executor or administrator of the estate of a deceased person,

• (c)

  a beneficiary under the will of a deceased person or a person who is entitled to any estate or interest on the intestacy of a deceased person,

• (d)

  a person claiming through an offender,

• (e)

  any other person who has a special interest in the outcome of an application for a forfeiture modification order.

offender means a person who has unlawfully killed another person.

unlawful killing means—

• (a)

  any homicide committed in the State that is an offence, and

• (b)

  any homicide that would be an offence if committed within the State,

and includes aiding, abetting, counselling or procuring such a homicide and unlawfully aiding, abetting, counselling or procuring a suicide.

This Act applies to the following—

• (a)

  an unlawful killing whether occurring within or outside the State,

• (b)

  property—

  • (i)

    located within the State, or

  • (ii)

    located outside the State, but only to the extent to which courts of the State have jurisdiction to make orders concerning the property.

This Act does not apply to the following—

• (a)

  an unlawful killing committed in the State that constitutes murder,

• (b)

  an unlawful killing that would constitute murder if committed in the State.

If a person has unlawfully killed another person and is thereby precluded by the forfeiture rule from obtaining a benefit, any interested person may make an application to the Supreme Court for an order modifying the effect of the rule.

On any such application, the Court may make an order modifying the effect of the forfeiture rule if it is satisfied that justice requires the effect of the rule to be modified.

In determining whether justice requires the effect of the rule to be modified, the Court is to have regard to the following matters—

• (a)

  the conduct of the offender,

• (b)

  the conduct of the deceased…