Full Court Minute Books

Case B21/2017

Commissioner of the Australian Federal Police v. Hart & Ors
Commonwealth of Australia v. Yak 3 Investments Pty Ltd as Trustee for Yak 3 Discretionary Trust & Ors
Commonwealth of Australia & Anor v. Flying Fighters Pty Ltd & Ors

Case No.

B21/2017, B22/2017, B23/2017

Case Information

Lower Court Judgment

29/08/2016 Supreme Court of Queensland (Court of Appeal) (Morrison JA, Douglas J, P Lyons J)

[2016] QCA 215 and [2016] QCA 284

Catchwords

Criminal law – Proceeds of crime – Proceeds of Crime Act 2002 (Cth) – Where Commonwealth obtained restraining order under s 17 of the Act over property under first respondent’s effective control – Where first respondent subsequently found guilty of nine offences of defrauding the Commonwealth – Where property forfeited to Commonwealth under s 92 – Where Commonwealth granted pecuniary penalty order (PPO) against first respondent under s 116 – Where Commonwealth Director of Public Prosecutions sought declaration under s 141 that forfeited property available to satisfy PPO – Where primary judge dismissed application under s 141 on discretionary grounds – Where majority of Court of Appeal dismissed appeal on basis that s 141 did not apply to property the subject of a restraining order under s 17 – Whether majority of Court of Appeal erred in holding that s 141 does not apply to property subject to restraining orders under s 17 – Whether majority of Court of Appeal erred in construing date of effective control under s 141(1)(c) as date on which application is determined notwithstanding that property was subject of restraining orders under s 17 – Whether primary judge erred in exercising discretion to refuse to make order under s 141.

Short particulars

Documents

06/04/2017 Hearing (SLA, Canberra)

20/04/2017 Notices of appeal

27/04/2017 Notice of Contention

11/05/2017 Written submissions (Appellants)

11/05/2017 Chronology (Appellants)

23/06/2017 Written submissions (Respondents)

17/07/2017 Reply

14/08/2017 Hearing (Full Court, Brisbane)

15/08/2017 Hearing (Full Court, Brisbane)

17/08/2017 Hearing (Full Court, Brisbane)