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
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
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
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)