Section 24 of the Proceeds of Crimes Act 2002 (Cth) allows the defendant to apply for an allowance for living expenses amongst other things and in certain circumstances to be provided from restrained property.

In the recent case of The Commissioner of the Australian Federal Police v Memon (No. 2) [2020] NSWSC 1636, a tender of evidence concerning the average cost of living expenses of children was rejected on the basis of not containing any real probative value to the determination of considerations contained in section 24.

Whilst a single judge decision of the Supreme Court in an interlocutory matter, it does provide limited judicial guidance to the extent that considerations under section 24 will be considerations as to the particular circumstances of the defendant and their living expenses with respect to their particular needs, expenditure and income rather than a generalised approach to living expenses. A Court can reasonably assume that families need some financial flow for the purpose of feeding, clothing, housing etc.

About Post Author