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

Preparing affidavits in support of exclusion applications – defining the issues


Introduction An applicant for exclusion orders under the Proceeds of Crime Act 2002 (POCA) bears the onus of demonstrating that their interest in property is neither “proceeds” of any offence nor an “instrument” of a serious offence.    That onus must be discharged in the absence of pleadings and where, commonly, the allegations of unlawful … Continue reading Preparing affidavits in support of exclusion applications – defining the issues