Proceeds of Crime A Guide For Solicitors by Brian Walker, Barrister Clarence Chambers Level 21, 133 Castlereagh Street SYDNEY NSW 2000 (02) 9188 5251 [email protected] 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
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
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
Allowance for Expenses The court has a discretion to allow reasonable living expenses / reasonable business expenses / a specified debt incurred in good faith by that person to be met out of property covered by a restraining order,[1] if inter alia, the court is satisfied that the person cannot meet the expense or debt […]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
Revoking a Restraining Order If a restraining order was made ex-parte, a person may apply to the court to revoke the order.[1] The application must be made within 28 days.[2] This time period can be extended for up to 3 months if the court allows.[3] The applicant must give written notice to the AFP and […]Continue reading
Proceeds of Crime Orders – Interlocutory or Final Chart
