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

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)

AFP v Ling: no examination whilst revocation application pending (17 June 2014)


Applications for examination and revocation On 17 June 2014, Dixon J handed down his decision in Commissioner of Australian Federal Police v Ling & Ors [2014] VSC 262. In that case, the Commissioner had obtained ex parte restraining orders under s.19 (i.e. civil forfeiture restraining orders) of the Proceeds of Crime Act 2002 (Cth) (Act). … Continue reading AFP v Ling: no examination whilst revocation application pending (17 June 2014)