Court Procedures Rules 2006

An application for registration of a foreign confiscation order, or an amendment of a foreign confiscation order, must—

be made by originating application; and

if the application relates to a forfeiture order within the meaning of the International War Crimes Tribunals Act 1995 (Cwlth)—be accompanied by an affidavit by the plaintiff setting out particulars necessary to enable the court to comply with that Act, section 45 (1).

Section 45 (1) requires the court, on registration of the order, to direct the Commonwealth director of public prosecutions to give notice of registration ‘to specified persons…the court has reason to believe may have an interest in the property [that is the subject of the order]’.

The person against whom the foreign confiscation order was made must be named as the defendant to the application.

The application may be made without notice to anyone unless the court otherwise orders.

A return date must not be set for the application unless the court otherwise orders on its own initiative.

Return date for an application is defined in the dictionary.

If the application asks for the application to be dealt with under this subrule, the court may make an order for registration of the foreign confiscation order or amendment in closed court and in the absence of the parties.

If the court makes an order for registration of a foreign confiscation order, or an amendment of a foreign confiscation order, the plaintiff must serve on the defendant—

a sealed copy of the order for registration; and

a certified copy of the registered foreign confiscation order or registered amendment of a foreign confiscation order.