On 13 December 2019, his Honour Judge Misso delivered his ruling in Commissioner of the Australian Federal Police v Hui Qian [2019] VCC 2050. In that case, a solicitor of the AFP had obtained examinations orders of suspects under s.180 of the Proceeds of Crime Act 2002 in an ex parte application. The solicitors for … Continue reading AFP v Qian – no ex parte application for examination order
Ex parte application for examination orders – Ng v Commissioner of the Australian Federal Police
On 29 November 2019, the WA Court of Appeal (Murphy and Mitchell JJA) delivered reasons in Ng v Commissioner of the Australian Federal Police [2019] WASC 195. Facts Restraining orders and examination orders had been made ex parte by the primary judge. The day before the examination was to proceed, the proposed examinees applied on … Continue reading Ex parte application for examination orders – Ng v Commissioner of the Australian Federal Police
Latest word on stay of proceedings and examinations: Onley v Commissioner of the Australian Federal Police
On 10 May 2019, the NSW Court of Appeal delivered its decision in Onley v Commissioner of the Australian Federal Police; Menon v Commissioner of the Australian Federal Police; Anquetil v Commissioner of the Australian Federal Police [2019] NSWCA 101. The decision (in excess of 140 pages) provides a detailed analysis of the law concerning … Continue reading Latest word on stay of proceedings and examinations: Onley v Commissioner of the Australian Federal Police
AFP v Li: ex parte examination orders not appropriate
On 21 November 2018, Archer J delivered the reasons in Commissioner of Australian Federal Police v Li [No 2] [2018] WASC 359. In that case, the Commissioner of the Australian Federal Police (Commissioner) had obtained an examination order under section 180 of the Proceeds of Crime Act 2002. Notice of that application had been given … Continue reading AFP v Li: ex parte examination orders not appropriate
Commissioner of the Australian Federal Police v P: Ancillary order cannot be made to compel attendance at examination
On 18 October 2018, Smith J delivered the decision in Commissioner of the Australian Federal Police v P [2018] WASC 314. In that case the applicants for exclusion applications had been served with notices to attend an examination under the Proceeds of Crime Act 2002 (POCA), but failed to appear at the examination. The Commissioner … Continue reading Commissioner of the Australian Federal Police v P: Ancillary order cannot be made to compel attendance at examination