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Unexplained wealth order

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

An unexplained wealth order is an order requiring a person to pay to the Treasurer the amount of unexplained wealth of the person.

When Can An Application For An Unexplained Wealth Order Be Made?

Normally an application for an unexplained wealth order will relate to property already subject to a restraining order. However, an unexplained wealth order may be made whether or not a restraining order has previously been made.

An application for an unexplained wealth order can be made to the Supreme Court at any time after the alleged serious crime related activity.


Unexplained Wealth Order: What Does The Crown Have To Prove?

The Supreme Court must make an unexplained wealth order if the court finds that there is a reasonable suspicion that the person against whom the order is sought has, at any time before the making of the application for the order:

  • Engaged in a serious crime related activity or serious crime related activities; or
  • Acquired property from any serious crime related activity of another person (whether or not the person against whom the order is made knew or suspected that the property was derived from illegal activities).

How Does The Court Assess The Amount Of Unexplained Wealth?

The unexplained wealth of a person is the whole or part of the current or previous wealth of the person that the Supreme Court is not satisfied on the balance of probabilities is not or was not illegally acquired property or the proceeds of an illegal activity.

In calculating the current or previous wealth of a person the court will add the value of interests in property both owned and controlled by the person and interests in property that the person has disposed of (e.g. given as a gift or sold).

Seek Legal Advice

If you have been given written notice of an unexplained wealth order application, it is essential that you seek legal advice immediately, attend the hearing and give evidence. The burden of proof is on you to prove that the property in question was acquired lawfully. If you are able to prove, on the balance of probabilities, that your current or previous wealth is not or was not illegally acquired property or the proceeds of an illegal activity, the court has the discretion not to grant the unexplained wealth order.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

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