fbpx

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 […]Continue reading

0

Restraining Orders relating to unexplained wealth – s 20A Restraining Orders pertaining to unexplained wealth were introduced via the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (Cth). The unique element of unexplained wealth orders is that there are reasonable grounds to suspect that a person’s total wealth exceeds the value of the person’s […]Continue reading

0

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

0