Navarolli here to stay – but has it lost its punch? The High Court today refused the DPP leave to appeal against the decision of the Victorian Court of Appeal in Navarolli v DPP [2005] VSCA 323. The effect of the decision of the Court of Appeal in Navarolli is that persons whose property is … Continue reading Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)
Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)
Confiscation Act amendments – procedure for obtaining restraining orders On 11 October 2006, certain amendments to the Confiscation Act 1997 became effective. The most important amendment relates to the obtaining of restraining orders by the DPP. As readers of this newsletter would be aware, the Court of Appeal, in two recent decisions, held that the … Continue reading Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)
DPP v McCoid: date of conviction under Confiscation Act 1997 (4 September 2006)
Don’t get bitten by DPP v McCoid Pursuant to s.35 of the Confiscation Act 1997 (Confiscation Act), property which is restrained for automatic forfeiture is automatically forfeited to the Minister (namely the Attorney General of Victoria) 60 days after the date of conviction of the Schedule 2 (automatic forfeiture) offence unless: an exclusion application has … Continue reading DPP v McCoid: date of conviction under Confiscation Act 1997 (4 September 2006)
DPP v Tat Sang Loo: effective control (12 July 2006)
Effective Control – but when? An applicant to an exclusion application under s.20 of the Confiscation Act 1997 (Act) must satisfy the Court that the applicant’s interest in the property sought to be excluded is not subject to the effective control of the defendant. Interestingly, the Act expressly states “is not” rather than “was not”, … Continue reading DPP v Tat Sang Loo: effective control (12 July 2006)
Re Shield: deemed conviction after death of offender (April 2006)
Interim Restraining Orders The Victorian Court of Appeal recently handed down its decision in Navarolli v DPP [2005] VSCA 323. The Court of Appeal determined that persons whose property is sought to be restrained by the DPP under the Confiscation Act 1997 (Vic) (Confiscation Act) are entitled to be heard on the making of the … Continue reading Re Shield: deemed conviction after death of offender (April 2006)