No time limit extensions possible for revocation applications – Zheng v AFP


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 PoliceĀ (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

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