Supreme Court (Chapter VI Unexplained Wealth Orders Amendment) Rules 2025 (Vic)

Supreme Court (Chapter VI Unexplained Wealth Orders Amendment) Rules 2025

S.R. No. 128/2025

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Form of certain applications and notices of application

6Notice of order or declaration

7Amendment of Form 6–6AC—Application for unexplained wealth restraining order

8Amendment of Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion order

9New Form 6–6FAA

10Amendment of Form 6–6G

11Statute law revision

═════════════

Endnotes

STATUTORY RULES 2025

S.R. No. 128/2025

Supreme Court Act 1986

Supreme Court (Chapter VI Unexplained Wealth Orders Amendment) Rules 2025

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to further provide for applications and other matters relating to unexplained wealth orders under sections 40F(2A) and 40ZAA(1) of the Confiscation Act 1997.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 1 December 2025.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 2017[1] are called the Principal Rules.

5Form of certain applications and notices of application

(1)After Rule 6.09(4) of the Principal Rules insert—

"(4.1)An application under section 40ZAA of the Act for an unexplained wealth order shall be in Form 6–6FAA.".

(2)In Rule 6.09(6) of the Principal Rules, for "45 or 45B" substitute "45, 45B or 45BA".

6Notice of order or declaration

In Rule 6.13(3) of the Principal Rules, for "or civil forfeiture order" substitute ", civil forfeiture order or unexplained wealth order".

7Amendment of Form 6–6AC—Application for unexplained wealth restraining order

In Form 6–6AC of the Principal Rules—

(a)after "/*which a police officer suspects on reasonable grounds was not lawfully acquired" insert "/*of a person who a police officer suspects on reasonable grounds has wealth in excess of their lawfully obtained wealth";

(b)after "under section *40F(1)/*40F(2)" insert "/*40F(2A)";

(c)at the end of item 1 insert—

"*in accordance with section 40F(2A) of the Confiscation Act having regard to the matters set out in section 40ZAAC of that Act, that—

(a)a person has wealth that exceeds their lawfully acquired wealth; and

(b)the total value of the wealth that is not lawfully acquired is $200 000 or more; and

(c)the person has an interest in the property sought to be restrained.".

8Amendment of Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion order

In Form 6–6FA of the Principal Rules—

(a)in item 1, after "section 40ZA" insert "or 40ZAB";

(b)in item 2, after "to apply" insert "and who, in the case of forfeiture under section 40ZAB, is not a person referred to in section 40ZC(1B) of the Confiscation Act".

9New Form 6–6FAA

After Form 6–6FA of the Principal Rules insert—

'Form 6–6FAA—Application under section 40ZAA for unexplained wealth order

Rule 6.09(4.1)

[heading as in Form 6–6C]

APPLICATION UNDER SECTION 40ZAA FOR UNEXPLAINED WEALTH ORDER

TO: [name and address of the person on whom this application is to be served]

("the Respondent")

[name of the person making the application]

("the Applicant")

APPLIES under section 40ZAA(1) of the Confiscation Act 1997 ("the Confiscation Act") FOR AN UNEXPLAINED WEALTH ORDER

THE ADDRESS FOR SERVICE of the Applicant is: [address]

PARTICULARS OF APPLICATION

1.THE JURISDICTION to make the order sought arises because a police officer suspects on reasonable grounds in accordance with section 40ZAA(1) of the Confiscation Act that—

(a)a person has wealth that exceeds their lawfully acquired wealth; and

(b)the total value of the wealth that is not lawfully acquired is $200 000 or more.

2.THE APPLICANT is—

*     the Director of Public Prosecutions.

* an appropriate officer within the meaning of the Confiscation Act.

3.THE RESPONDENT to this application is the person who is suspected on reasonable grounds of having wealth that exceeds their lawfully acquired wealth.

4.THE GROUNDS on which this application is made are as follows—

[set out in detail the grounds of the application]

5.THE APPLICATION RELATES to the following wealth of the Respondent—

[describe the wealth in detail]

*THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and served with it.

Dated:

[signature of Applicant]

PARTICULARS OF HEARING

This application will be heard by a Judge in the Supreme Court, 210 William Street, Melbourne, on [date] at [time or occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON ON WHOM THIS APPLICATION IS SERVED

1.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.

2.If you propose to contest this application, you must give the Applicant written notice of the grounds on which the application is to be contested. The notice is to be in accordance with Form 6–6LA of Chapter VI of the Rules of the Supreme Court. This notice is to be given not later than 2 days before the date shown above fixed for the hearing of the application. Evidence in chief is to be by affidavit, and you must serve on the Applicant a copy of any affidavit(s) on which you intend to rely.

*Delete if not applicable.'.

10Amendment of Form 6–6G

(1)In the heading to Form 6–6G of the Principal Rules, for "for undue" substitute "from undue".

(2)In Form 6–6G of the Principal Rules—

(a)for "APPLICATION UNDER SECTION *45/*45B" substitute "APPLICATION UNDER SECTION *45/*45B/*45BA";

(b)after "APPLIES under section *44/*45B" insert "/*45BA";

(c)in item 1, after "section 40ZA" insert "or 40ZAB";

(d)in item 3(b), for "of XY." substitute "of XY;";

(e)after item 3(b) insert—

"(c)[in the case of an application under section 45BA] *was/*is a person on whom a debt is imposed under the unexplained wealth order *made in respect of XY and no relief has been obtained by order under section 45B.".

11Statute law revision

In the Note at the foot of Rule 1A.01 of the Principal Rules, for "Rule 28A.01 of Chapter I (RedCrest)" substitute "Rule 28.00 of Chapter I".

Dated:27 November 2025

R. NIALL, C.J.

KARIN EMERTON, P.

DAVID F. R. BEACH, J.A.

M. E. KENNEDY, J.A.

K. WALKER, J.A.

L. A. TAYLOR, J.A.

C. B. BOYCE, J.A.

R. J. ORR, J.A.

MELINDA RICHARDS, J.A.

JAMES D. ELLIOTT, J.

MELANIE SLOSS, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

JANE DIXON, J.

A. J. KEOGH, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

J. DELANY, J.

KATHRYN STYNES, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

S. A. O'MEARA, J.

AMANDA FOX, J.

ANDREA TSALAMANDRIS, J.

P. MATTHEWS, J.

C. M. HARRIS, J.

A. J. WATSON, J.

P. COSGRAVE, J.

KERRI JUDD, J.

ADRIAN FINANZIO, J.

L. J. HANNON, J.

R. G. CRAIG, J.

═════════════

ENDNOTES

[1] Rule 4: S.R. No. 126/2017 as amended by S.R. Nos 32/2018, 33/2018, 133/2018, 168/2018, 21/2019, 73/2019, 123/2019, 17/2021, 34/2022, 21/2023, 15/2024 and 6/2025.