When an application for a restraining order under s.16 of the Confiscation Act 1997 (Vic) comes before the court, the judge is bound to consider whether notice should be given under s.17, and the onus is on the applicant to satisfy the judge that notice should not be ordered. Unless the applicant demonstrates urgency, risk of dissipation, or other sufficiently good reason, the court will order notice. The existence of the s.20 exclusion mechanism does not relieve the court of this obligation. The analogy with Mareva orders in civil proceedings provides the appropriate framework for the exercise of the s.17 discretion.
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