Notice of Objection (Form 58)

Chapter 19 Part 6 of the Uniform Civil Rules 2020 (SA) governs confiscation proceedings in the Supreme, District and Magistrates Courts, and Division 7 deals with unexplained wealth orders. In that Division a restraining order means one made under section 20 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 (r 236.1). Rule 236.25(1) requires a notice of objection under section 24 of that Act to a restraining order made without notice to be made in Form 58. The notice must be supported by an affidavit complying with r 31.7 that deposes to the facts or exhibits the documents relied on (r 236.25(2)), and the objector must serve the notice and affidavit on the applicant as soon as reasonably practicable (r 236.25(3)). Notes to the rule record two requirements of the Act: section 24(1) requires the notice to be lodged within 14 calendar days of the objector becoming aware of the restraining order, or a longer period the court allows, and section 24(3) requires the Commissioner of Police to be served by registered post at least 7 calendar days before the day appointed for hearing the notice.

When you need it

• A restraining order was made without notice over property under section 20 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 and you want to object to it.
• You are within 14 calendar days of becoming aware of the order, or you need the court to allow a longer period (the form has an extension section).
• Not for objecting to an application for admission as a lawyer (Form 58A) or to the issue of a warrant of possession (Form 167).

1. 1

   Complete the heading

   Delete all but the correct court, add Full Court or minor civil only if applicable, and name the parties as they appear in the proceeding in which the restraining order was made. The court fills in the case number, filed date and FDN.

2. 2

   Fill in the objector panel

   Give your party title, full name, any law firm and solicitor, and your address for service, email and phone.

3. 3

   Identify the order

   Identify the restraining order, the Act and section under which it was made and its date, then the order or the particular parts of it you object to.

4. 4

   State the provision and grounds

   Give the provision under which the objection is made (section 24 of the Act) and set out the grounds of objection in detail in separate numbered paragraphs.

5. 5

   Seek more time if needed

   If you are outside the time allowed, set out the grounds for an extension in numbered paragraphs. Otherwise delete that section.

• File the notice with a supporting affidavit (Form 12) that sets out the facts and exhibits the documents relied on (r 236.25(2)), through CourtSA or at a registry.
• Lodge it within 14 calendar days of becoming aware of the restraining order, unless the court allows longer (note to r 236.25, referring to section 24(1)).
• Serve the notice and affidavit on the applicant as soon as reasonably practicable (r 236.25(3)). The note to the rule says the Act requires the Commissioner of Police to be served by registered post at least 7 calendar days before the hearing day. The form's service note also requires service on all other parties.

• The grounds in the notice and the facts in the affidavit should match; the affidavit must comply with the affidavit rules in r 31.7.
• Mark your calendar from the day you became aware of the order, not the day it was made.
• These are serious proceedings about property; consider getting legal advice before filing.