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
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
Application for examination order must not be determined ex parte – AFP v Treptower
On 11 May 2018, Button J delivered the decision in the Commissioner of the Australian Federal Police v Steffan Treptower [2018] NSWSC 677. The Commissioner of the Australian Federal Police (Commissioner) had made an ex parte application for an examination order under s.180 of the Proceeds of Crime Act 2002. Button J determined that it … Continue reading Application for examination order must not be determined ex parte – AFP v Treptower
Application by AFP: examination order application under the Proceeds of Crime Act 2002; DPP (Cth) v Gay: assessment of pecuniary penalty order for insider trading; Ruzehaji v AFP: stay of examination refused (January 2016)
In the sprint to the finish last year, I did not manage to report on some of the decisions concerning litigation under the Proceeds of Crime Act 2002 (POCA). I now provide an update of those decisions. Re Application by the Commissioner of the Australian Federal Police [2015] VSC 774 (Riordan J) – Application for … Continue reading Application by AFP: examination order application under the Proceeds of Crime Act 2002; DPP (Cth) v Gay: assessment of pecuniary penalty order for insider trading; Ruzehaji v AFP: stay of examination refused (January 2016)