New South Wales Consolidated Acts

FORFEITURE ACT 1995 - SECT 5

5 Power of Supreme Court to modify effect of forfeiture rule

(1) If a person has unlawfully killed another person and is thereby precluded by the forfeiture rule from obtaining a benefit, any interested person may make an application to the Supreme Court for an order modifying the effect of the rule.

(2) On any such application, the Court may make an order modifying the effect of the forfeiture rule if it is satisfied that justice requires the effect of the rule to be modified.

(3) In determining whether justice requires the effect of the rule to be modified, the Court is to have regard to the following matters:

(a) the conduct of the offender,

(b) the conduct of the deceased person,

(c) the effect of the application of the rule on the offender or any other person,

(d) such other matters as appear to the Court to be material.