Unexplained Wealth

A person does not need to have been charged with the offending they are suspected of having committed for the Court to be able to make the UWRO.

The court must grant the application made by the police if they have reasonable grounds to suspect that the property was not lawfully acquired, and either the property is in Victoria or the person who acquired the property is normally a resident in Victoria.

How does the court decide if there are reasonable grounds for suspecting property is not lawfully acquired?

To answer this question, the Court will look at various things such as the lawful income of the person with interest in the property, any suspected unlawful activity of that person, who the previous owner of the property was, or any other information which has come to the attention of Victoria Police.

What happens to the property if an UWRO is made?

If an UWRO is made, that means that you can not dispose of the property, and it will be preserved in case an application is made to forfeit the property. The Court is, however, able to make whatever orders it considers just in the circumstances. For example, that could involve making an order which allows for reasonable living expenses or business expenses.

Will I be notified that an UWRO has been made?

Yes. If you were not given notice prior to the Application being made, once it is made you must be given written notice.

What do I do if I am notified that an UWRO is made?

You should contact a lawyer immediately so that you can get some advice about your options. You must provide notice to the police of any other person who has an interest in the property so the police can notify them as well. This needs to be done within 14 days of receiving the notice. Non-compliance with this requirement can lead to penalties. In some circumstances, the Court can even direct you to provide this information.

Can I apply for Exclusion from an UWRO?

Any person claiming an interest in the property can apply to the Court for their interest to be excluded. There are strict rules that apply to the timing of when that application can be made and what information is required to be included.

The Application must be made within 90 days of being served with the notice of the making of the UWRO, or in any other case 90 days of the making of the UWRO – unless it is in the interests of justice to extend the time frame and the property has not already been forfeited.

If you apply for exclusion, you must give notice of the application for exclusion and must give the grounds for the application. If you have been charged with a relevant offence, you can apply to the court to wait to file your grounds until the criminal charge has been finally determined or withdrawn.

When determining an Exclusion Application, the court may make an order excluding your interest in the property from the UWRO if the court is satisfied that it was lawfully acquired by you. It is important to note that the court will presume the property has not been lawfully acquired unless you are able to prove otherwise.

The court will typically require you to be able to produce documentary evidence to support your claim that the property was lawfully acquired.