AFP v Hart (High Court)


On 7 February 2018, the High Court delivered its decision in Commissioner of the Australian Federal Police v Hart [2018] HCA 1.  The decision is of particular importance to practitioners since it provides substantial guidance on the proper construction of the exclusion (and similar) tests under the Proceeds of Crime Act 2002 (POCA). Facts Mr … Continue reading AFP v Hart (High Court)

AFP v Jieying Sun: money laundering and false loan applications (3 November 2017)


Introduction On 30 October 2017, Wilson J refused to make an exclusion order under section 29 of the Proceeds of Crime Act 2002 (POCA) in Commissioner of the Australian Federal Police v Jieying Sun [2017] NSWSC 1476. Basic facts The Commissioner had obtained a restraining order under section 19 of the POCA over funds standing … Continue reading AFP v Jieying Sun: money laundering and false loan applications (3 November 2017)

Cini v AFP: property at which drugs stored was used in or connection with possession of drugs (22 September 2016)


Cini v Commissioner of the Australian Federal Police On 21 September 2016, the Victorian Court of Appeal (Priest, Santamaria and Kaye JJA) delivered its decision in Cini v Commissioner of the Australian Federal Police [2016] VSCA 227. The facts Mr Cini was the sole registered proprietor of a property at Altona Meadows, which he had … Continue reading Cini v AFP: property at which drugs stored was used in or connection with possession of drugs (22 September 2016)