Proceeds of Crime A Guide For Solicitors by Brian Walker, Barrister Clarence Chambers Level 21, 133 Castlereagh Street SYDNEY NSW 2000 (02) 9188 5251 admin@walkercriminallawyers.com.au an unedited version – December 2020 Information contained in this article is of a general nature only and should not be relied upon as concise legal advice. Contents History 4 […]Continue reading
Proceeds of Crime Quick Reference Guide
On 17 December 2020 in Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 1815, further judicial consideration was given to the interpretation of section 330(4) of the Proceeds of Crime Act 2002 (Cth) and its interaction with ‘cuckoo smurfing’ as a money laundering technique used in Australia. In this case, Mr Tjongosutiono had […]Continue reading
Further consideration of s 330(4)(a) Proceeds of Crime Act 2002 (Cth) post the High Court’s decision in Lordianto v Commissioner of the Australian Federal Police [2019] HCA 39. In Gwe v Commissioner of the Australian Federal Police [2020] NSWCA 247, assets were excluded from restraining orders on the basis that there was no evidentiary basis […]Continue reading
Excluding Property from Restraining Orders (ss 17, 18, or 19) In order to get an interest excluded from a restraining order, generally speaking, the court must be satisfied that the specified interest in property is neither proceeds, nor an instrument.[1] If an ex-parte restraining order is made, a person whom claims an interest in property […]Continue reading
Proceeds of Crime Orders – Interlocutory or Final Chart
Excluding property from forfeiture under Part 2-3 POCA (section 94 POCA) (referring to automatic forfeiture under section 92 POCA) Before Forfeiture A court that made a restraining order in section 92(1)(b) POCA must make an order excluding particular property from forfeiture if: A person applies for an order under section 94 POCA; The court is […]Continue reading
