On 13 December 2019, his Honour Judge Misso delivered his ruling in Commissioner of the Australian Federal Police v Hui Qian [2019] VCC 2050. In that case, a solicitor of the AFP had obtained examinations orders of suspects under s.180 of the Proceeds of Crime Act 2002 in an ex parte application. The solicitors for … Continue reading AFP v Qian – Quarantining Examination Material
Compensation awards under s.85B of the Sentencing Act 1991
In Victoria, victims of crime can apply under section 85B of the Sentencing Act 1991 for compensation. It has been repeatedly acknowledged that the procedure for compensation under s.85B of the Act is a procedure that permits quick and easy access to compensation. In that respect, the awards are less than one might receive in … Continue reading Compensation awards under s.85B of the Sentencing Act 1991
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
High Court decides cuckoo-smurfing appeals
On 13 November 2019, the High Court delivered its decision in Lordianto v Commissioner of the Australian Federal Police; Kalimuthu v Commissioner of the Australian Federal Police [2019] HCA 39. The decisions at first instance and in the NSW and WA Courts of Appeal were the subject of earlier newsletters. Background …contrary to the submissions of … Continue reading High Court decides cuckoo-smurfing appeals
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
DPP v Richardson – forfeiture application in sex cases
On 12 April 2019, his Honour Judge Higham dismissed the DPP’s application for a forfeiture order in DPP v Richardson [2019] VCC 512. The case is significant because it concerns an application by the DPP for a forfeiture order in relation to a farm on the basis that the farm was “used in or in … Continue reading DPP v Richardson – forfeiture application in sex cases