The Full Court of the South Australian Supreme Court, in Zheng v Commissioner of the AFP [2019] SASCFC 157 (Parker J, Kourakis CJ and Kelly J agreeing) has determined that the Full Court’s earlier decision in Ruzehaji v Commissioner of Australian Federal Police (2015) 124 SASR 355, which suggested that the 28 day period within which … Continue reading No time limit extensions possible for revocation applications – Zheng v AFP
Variation of restraining orders to access funds for reasonable living and business expenses – COVID-19
All confiscation regimes operating in Australia, whether at State or Commonwealth level, contain mechanisms for accessing restrained funds to pay living and business expenses from restrained assets. The tests vary from jurisdiction to jurisdiction but the underlying theme remains the same. If a person whose assets are restrained can demonstrate that they have insufficient unrestrained … Continue reading Variation of restraining orders to access funds for reasonable living and business expenses – COVID-19
Revocation Applications – Court of Appeal defines the test
On 5 March 2020, the Victorian Court of Appeal (Tate, McLeish and Hargrave JJA) delivered reasons in Mai v Commissioner of the Australian Federal Police [2020] VSCA 38. Ms Mai appealed a decision of the County Court, dismissing her application for revocation of restraining orders made under ss.18 and 19 of the Proceeds of Crimes … Continue reading Revocation Applications – Court of Appeal defines the test
Nguyen v DPP – Right to inter partes rehearing
On 13 February 2019, the Victorian Court of Appeal (Maxwell P, Tate and Niall JJA) published reasons in Nguyen v Director of Public Prosecutions for Victoria [2019] VSCA 20. The application for leave to appeal concerned a challenge to the constitution of validity of unexplained wealth restraining orders made under the Confiscation Act 1997. The … Continue reading Nguyen v DPP – Right to inter partes rehearing
AFP v Tjongosutiono – Revocation Application and Cuckoo-smurfing
On 9 February 2018, N Adams J of the NSW Supreme Court handed down her decision in Commissioner of the Australian Federal Police v Tjongosutiono [2018] NSWSC 48. In that case, the her Honour considered and dismissed an application to revoke a restraining order which had been made under the Proceeds of Crime Act 2002 … Continue reading AFP v Tjongosutiono – Revocation Application and Cuckoo-smurfing