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
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
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 Qian – no ex parte application for examination order
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 – no ex parte application for examination order
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