AFP v W (No 3) stay of proceedings under Proceeds of Crime Act 2002 pending determination of criminal proceeding (1 September 2016)


Commissioner of the Australian Federal Police v W (No 3) On 29 August 2016, Adamson J published reasons for refusing to extend a stay of proceedings under the Proceeds of Crime Act 2002 (Act), pending criminal trials. The facts The defendants in the proceeding under the POCA obtained orders staying the civil proceedings on 1 … Continue reading AFP v W (No 3) stay of proceedings under Proceeds of Crime Act 2002 pending determination of criminal proceeding (1 September 2016)

AFP v W: stay of proceedings under Proceeds of Crime Act 2002 pending determination of criminal proceeding (21 June 2016)


Commissioner of the Australian Federal Police v W On 1 June 2016, Adamson J handed down the decision in Commissioner of the Australian Federal Police v W [2016] NSWSC 683. The decision has only recently become available because the name of one of the parties was subsequently anonymized. The central issue The central issue was … Continue reading AFP v W: stay of proceedings under Proceeds of Crime Act 2002 pending determination of criminal proceeding (21 June 2016)

Zhao & Jin v AFP: stay of proceedings under Proceeds of Crime Act 2002 pending determination of criminal proceeding (29 June 2014)


On 27 June 2014, the Victorian Court of Appeal delivered its unanimous decision (Nettle, Tate and Beach JJA) in Zhao & Jon v Commissioner of the Australian Federal Police [2014] VSCA 137. It is a landmark decision which affirms that proceedings under the Proceeds of Crime Act 2002 (Cth) (POCA) should be stayed where there … Continue reading Zhao & Jin v AFP: stay of proceedings under Proceeds of Crime Act 2002 pending determination of criminal proceeding (29 June 2014)

AFP v Safadi: stay of proceedings under Proceeds of Crime Act 2002 pending criminal proceeding (23 December 2013)


Commissioner of the Australian Federal Police v Safadi [2013] VCC 2057 On 23 December 2013, Judge Millane published her ruling in AFP v Safadi, granting a stay of the forfeiture proceedings under the Proceeds of Crime Act 2002 (Commonwealth) (POCA) pending the hearing of the criminal trial against Mr Safadi. The ruling in Safadi appears … Continue reading AFP v Safadi: stay of proceedings under Proceeds of Crime Act 2002 pending criminal proceeding (23 December 2013)