Objecting to
confiscation
Part 2 – Forms
32 St Georges Terrace
PERTH WA 6000
InfoLine: 1300 650 579
www.legalaid.wa.gov.au
Introduction
This is Part 2 of Legal Aid WA’s Objecting to confiscation kit and includes the forms to be used if
you have received a freezing notice or freezing order under the Criminal Property Confiscation Act
2000 (WA) and wish to object to the confiscation of property included in the notice or order.
BEFORE USING THESE FORMS please read Objecting to confiscation – Part 1 – Information
kit, which provides important information about freezing notices and freezing orders and the action
you need to take to object to the confiscation of your property if it is the subject of such a notice or
order. It will help you understand the purpose of each of the forms. Please note, this information kit
is an guide only and you should obtain legal advice about your particular situation if possible.
Forms included here
The forms included here are based on original Supreme Court forms, however, they have been
adapted specifically to be used when objecting to the confiscation of property. It is suggested that
you therefore use the forms that are included here. However, if you wish to access the original forms
from the Supreme Court, you may contact the Supreme Court Registry and ask for hard copies, or
go to the court’s website (www.supremecourt.wa.gov.au) and download the forms.
The forms included here are in Word format, so you may download and complete them electronically
before printing, or you may print the blank forms and complete them by hand. The forms are:
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Statutory declaration
Application to remit fees (Form 2)
Originating summons
Summons for directions
Summons
Notice of objection
Disclaimer and Copyright
Copyright © Legal Aid Western Australia 2015. Any part of this publication may be copied,
reproduced or adapted to meet local needs by community based organisations without permission
from Legal Aid Western Australia provided the copies are distributed free or at cost (not for profit)
and the source is fully acknowledged. For any reproduction with commercial ends or by government
agencies, permission must first be obtained from Legal Aid Western Australia.
This Kit provides information about the law only and does not constitute legal advice. You should
seek legal advice if you have a specific legal problem.
Every effort is made to ensure that the information contained in this Kit is correct as at the date of
publication. However, please note that the law may change at any time and may impact on the
accuracy of this information. Legal Aid WA accepts no responsibility for any inaccuracies, errors or
omissions in this information or incorporated into it by reference.
WESTERN AUSTRALIA
OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005
STATUTORY DECLARATION
I,.....................................................................................................................................
........................................................................................................................................
..................
{name, address and occupation of person making declaration}
sincerely declare as follows:........................................................................................................................................
..................
........................................................................................................................................
..................
........................................................................................................................................
..................
........................................................................................................................................
..................
........................................................................................................................................
..................
........................................................................................................................................
..................
........................................................................................................................................
..................
........................................................................................................................................
..................
{insert content of the statutory declaration; use numbered paragraphs if content is long}
This declaration is true and I know that it is an offence to make a declaration knowing
that it is false in a material particular.
This declaration is made under the Oaths, Affidavits and Statutory Declarations Act
2005
at.............................................................................
{place}
on............................................................................
{date}
in the presence of ................................................................................
{Signature of authorised witness}
................................................................................
................................................................................
{Name of authorised witness and qualification as such a
witness}
by....................................................
{Signature of person making the
declaration}
*Important This Declaration must be made before any of the following persons:Academic (post-secondary institution)
Accountant
Architect
Australian Consular Officer
Australian Diplomatic Officer
Bailiff
Bank Manager
Chartered secretary
Chemist
Chiropractor
Company auditor or liquidator
Court officer (magistrate, registrar or clerk)
Defence Force officer
Dentist
Doctor
Electorate Officer (State – WA only)
Engineer
Industrial organisation secretary
Insurance broker
Justice of the Peace (any State)
Lawyer
Local government CEO or deputy CEO
Local government councillor
Loss adjuster
Marriage Celebrant
Member of Parliament Minister of religion
Nurse
Optometrist
Patent Attorney
Physiotherapist
Podiatrist
Police officer
Post Officer manager
Psychologist
Public Notary,
Public Servant (State or Commonwealth)
Real Estate agent
Settlement agent
Sheriff or deputy Sheriff
Surveyor
Teacher
Tribunal officer
Veterinary surgeon
Or any person before whom, under the Statutory Declarations Act 1959 of the
Commonwealth, a
Statutory Declaration may be made.
Full definitions of these professions are available at;
http://www.courts.dotag.wa.gov.au/_files/Professions_witness_statutory_declarations.pdf
Any authorised witness for the State of Western Australia may also witness a
Commonwealth Statutory Declaration, as long as they are in Western Australia at the time
of witnessing {Schedule 2, item 231 of the Commonwealth Statutory Declarations
Regulations 1993}.
Further information on witnessing documents is available at www.dotag.wa.gov.au
IMPORTANT INFORMATION:
AS OF 1 JANUARY 2006 THERE IS NO PROVISION FOR
COMMISSIONERS FOR DECLARATIONS IN THE STATE OF WA
Form 2
Application to remit fees
In
the
Supreme
Court
of No.
of 2
Western Australia
Plaintiff:
.............................................................................................
Defendant:
.............................................................................................
......................................................................................
Applicant:
Full name
......................................................................................
Address
........................................... ......................................
Date of birth
MDL No.
The following reasons are the special reasons for applying to have the
fees and poundage in relation to the above matter waived/ reduced/
refunded/ deferred*.
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
*
Strike out those that are not applicable.
If the special reasons include that an important right or obligation
affecting the community or a significant part of the community will be
determined, what is the right or obligation? [Give details of each right or
obligation, and explain why it affects the community or a significant part of the community.]
………………………………………………………………..................
………………………………………………………………..................
………………………………………………………………..................
………………………………………………………………..................
………………………………………………………………...................
If the special reasons include that the development of the law generally
will be affected so as to reduce the need for further litigation, what law
will be developed generally? [Give details of how a determination in relation to that law
will reduce the need for further litigation.]
……………………………………………………………..............…...
……………………………………………………………….................
……………………………………………………………….................
……………………………………………………………….................
……………………………………………………………….................
If the special reasons include financial hardship the information required
in the following part of this form must be provided by the applicant if
the applicant is a natural person.
I am employed as a ................................ by ....................................... .*
Their business address is ...................................................................... .*
I am unemployed/ a pensioner* and registered with the Department of
Social Security at ..................................................................................... .
I am single/ married/ in a de facto relationship/ separated.*
I have/ do not have* a dependant wife/ husband/ de facto partner* and
.............. dependant children.
My weekly/ fortnightly* income and expenditure is as follows (in whole
dollars) —
Income
Expenditure
Wage/salary/benefit (net)
Rent/board
$
Self
$
Mortgage payment
$
Spouse
$
$
De facto partner
$
Maintenance for
dependants
Food
Total
$
Electricity/gas
$
Money in bank or other
financial institution
Self
$
Telephone
$
Water
$
Spouse
$
Rates and taxes
$
De facto partner
$
Court orders
$
Total
$
Lease or other (give
details)
$
Income from investments
$
Other debts owing (give
details)
$
Other income
$
Money owed to me
$
TOTAL
$
TOTAL
ASSETS
VALUE
$
My assets and liabilities are as follows —
House or other real property (give addresses)
................................................................................................
................................................................................................
TOTAL
Motor vehicles (car, utility, motor cycle, truck, etc.)
...........
...........
Make and model
Reg. No
TOTAL
Home contents
Television
yes / no
Video recorder
yes / no
Stereo system
yes / no
Furniture
yes / no
Dishwasher
yes / no
Microwave oven
yes / no
Collection of coins, stamps, etc
Other collectables
Interest in business or company
Other assets
TOTAL
LIABILITIES
Mortgage to ....................................................... for $
Other to ............................................................. for $
Time to pay order ............................................. for $
TOTAL
If the special reasons include financial hardship the information required
in the following part of this form must be provided by the applicant if
the applicant is a corporation or incorporated association.
INCOME
$
LIABILITIES
$
ASSETS
VALUE
$
Signature of applicant:
Date:
*
Strike out words that are not applicable.
Note: It is an offence under regulation 7(4) of the Supreme Court (Fees) Regulations 2002 for a
person to make a statement or representation in this application that the person knows or has
reason to believe is false or misleading in a material particular. The maximum fine is $1 000.
IN THE SUPREME COURT OF WESTERN AUSTRALIA
CPCA No
/
IN THE MATTER OF the Criminal Property Confiscation Act 2000
IN THE MATTER OF Freezing Notice WAPFN ______________
_________________________
Plaintiff
and
THE STATE OF WESTERN AUSTRALIA
Defendant
ORIGINATING SUMMONS
Date of Document:
Date of Filing:
Filed on behalf of:
Plaintiff
Prepared by:
Plaintiff
Address: __________
Tel:
__________
Fax:
_________________________________
Let the Director of Public Prosecutions for Western Australia attend before the Judge
in Chambers at the Supreme Court, Perth, on the
2012 at
o’clock in the
day of
noon on the hearing of an
application by the Plaintiff to object to Freezing Notice WAPFN_______________
dated
_______________ and any confiscation of property under that Notice.
DATED the
day of
It is intended to serve this summons on the Director of Public Prosecutions for
Western Australia.
This summons was taken out by
______________________, the Plaintiff whose
address for service is
Postal address: __________________________
Telephone:
__________________________
Note: If the Defendant does not attend personally or by his counsel or solicitor at the
time and place abovementioned such order will be made as the Judge may think just
and expedient.
IN THE SUPREME COURT OF WESTERN AUSTRALIA
CPCA No
/
IN THE MATTER OF the Criminal Property Confiscation Act 2000
IN THE MATTER OF Freezing Notice WAPFN__________
__________
Plaintiff
and
THE STATE OF WESTERN AUSTRALIA
Defendant
SUMMONS FOR DIRECTIONS
Date of Document:
Date of Filing:
Filed on behalf of:
Plaintiff
Address: __________
Prepared by:
Tel:
Fax:
__________
__________
_________________________________
Let the Director of Public Prosecutions for Western Australia attend before the Judge
in Chambers at the Supreme Court, Perth, on the
2012 at
o’clock in the
day of
noon on the hearing of an
application by the Plaintiff for directions in relation to an objection to Freezing Notice
WAPFN __________
property under that Notice.
DATED the
day of
dated
__________
and any confiscation of
It is intended to serve this summons on the Director of Public Prosecutions for
Western Australia.
This summons was taken out by __________
, the Plaintiff whose address for
service is:
Address: __________
Telephone:
__________
Note: If the Defendant does not attend personally or by his counsel or solicitor at the
time and place abovementioned such order will be made as the Judge may think just
and expedient.
IN THE SUPREME COURT OF WESTERN AUSTRALIA
CPCA No
/
IN THE MATTER OF the Criminal Property Confiscation Act 2000
IN THE MATTER OF a Freezing Order
THE STATE OF WESTERN AUSTRALIA
Plaintiff
and
_________________
Defendant
SUMMONS
Date of Document:
Date of Filing:
Filed on behalf of:
Defendant
Prepared by:
Tel:
Ref:
_________________________________
Let the
Plaintiff
attend before the Judge in Chambers at the
Supreme Court, Perth, on the
o’clock in the
at
noon on the hearing of an application by
to the Freezing Order
of property under that Order.
DATED the
day of
day of
dated
to object
and any confiscation
It is intended to serve this summons on the Director of Public Prosecutions for
Western Australia, solicitors for the Plaintiff.
This summons was taken out by
, the Defendant whose address for
service is
Telephone:
Note: If a Plaintiff does not attend personally or by his counsel or solicitor at the time
and place abovementioned such order will be made as the Judge may think just and
expedient.
IN THE SUPREME COURT OF WESTERN AUSTRALIA
CPCA No
/
IN THE MATTER OF the Criminal Property Confiscation Act 2000
IN THE MATTER OF Freezing Notice WAPFN __________
_________________
Plaintiff
and
_________________
Defendant
NOTICE OF OBJECTION
Date of Document:
Date of Filing:
Filed on behalf of:
Prepared by:
Address__________
Tel:
__________
_________________________________
TAKE NOTICE that the _____________ objects to Freezing Notice WAPFN
__________
dated
________ and any confiscation of property under that
Notice.
DATED the
day of
20__
___________________________________
The Defendant
TO: The Plaintiff
State Director of Public Prosecutions
Level 1
26 St Georges Terrace
PERTH WA 6000