(1) A dependant of the person against whom a proceeds assessment order is made
may apply to the Supreme Court for a hardship order.
(2) Unless the court
gives leave under section 89B, the application must be made within 3 months
after—
(a) for property the subject of an order under section 87(4) —the
day the order is made; or
(b) for property the subject of a charge under
section 88—the day the proceeds assessment order is made.
(3) For each
application under this section, including an application for leave, the
applicant must give the State and anyone else who has an interest in the
property written notice of—
(a) the making of the application; and
(b) the
grounds for the application, including, for an application for a
hardship order, a description of the property the subject of an order under
section 87(4) or a charge under section 88that the application relates to;
and
(c) the facts relied on.
(4) The grounds for the application and the
facts relied on must be stated fully in the notice.
(5) The notice must be
given at least 28 days before the day set for hearing the application.
(6)
The written notice must be accompanied by any affidavit the applicant intends
to rely on at the hearing of the application.
(7) The State must be a party
to the application.
(8) Anyone else who is given notice of the application
may appear at the hearing of the application.
(9) If the State proposes to
oppose the application, the State must give the applicant notice of intention
to oppose the application.
(10) The State must give the applicant notice of
the grounds for opposing the application.
