DPP v Khodi and Dounia Ali: discretionary forfeiture, Charter of Human Rights and Responsibilities and hardship (18 November 2010)


DPP v Khodi & Dounia Ali Application for Civil Forfeiture and Exclusion Application On 10 November 2010, Hargrave J handed down the decision in DPP v Khodi & Dounia Ali [2010] VSC 503. The decision is the fourth “Ali” decision under the Confiscation Act. To put the most recent decision in context, the following short history is required. Mr Ali and his co-offenders … Continue reading DPP v Khodi and Dounia Ali: discretionary forfeiture, Charter of Human Rights and Responsibilities and hardship (18 November 2010)

Moloney v AG of Victoria & DPP: undertaking as to damages (23 September 2010)


Moloney v AG of Victoria & DPP (No 2) – Enforcement of Undertaking as to Damages On 19 May 2010, Judge Saccardo of the County Court handed down his decision in Moloney v AG of Victoria & DPP [2010] VCC. I provided a newsletter to practitioners dated 20 May 2010 which deals with that decision. A copy of the newsletter can be downloaded … Continue reading Moloney v AG of Victoria & DPP: undertaking as to damages (23 September 2010)

Specifying the purposes of a restraining order (9 August 2010)


Purposes of Restraining Orders I write this time with a view to creating awareness in relation to problems that I commonly encounter with the form of restraining orders. The purposes A restraining order must set out the purposes for which property is restrained. The purposes are those specified in s.15 of the Confiscation Act (Act). Discretionary Forfeiture   Almost all restraining orders include … Continue reading Specifying the purposes of a restraining order (9 August 2010)

Moloney v AG of Victoria & DPP: duty of disclosure in ex parte application (20 May 2010)


Moloney v AG of Victoria & DPP  DPP’s duty of disclosure in ex parte applications On 19 May 2010, Judge Saccardo of the County Court handed down his decision in Moloney v AG of Victoria & DPP [2010] VCC. The facts  Mr Moloney was charged with and convicted of a Schedule 2 (automatic forfeiture) offence (and other related Schedule 1 offences) pertaining to … Continue reading Moloney v AG of Victoria & DPP: duty of disclosure in ex parte application (20 May 2010)