Full Court Minute Books

Case S110/2019

Lordianto & Anor v. Commissioner of the Australian Federal Police

Case No.

S110/2019

Related matter

P17/2019 – Kalimuthu & Anor v. Commissioner of the Australian Federal Police

Case Information

Lower Court Judgment

11/09/2018 Supreme Court of New South Wales (Court of Appeal) (Beazley P, Payne JA, McColl JA)

[2018] NSWCA 199

Catchwords

Criminal law – Proceeds of crime – Where large number of deposits were made into bank accounts in amounts of less than $10,000 – Whether each Court of Appeal misconstrued “third party” in s 330(4)(a) of the Proceeds of Crime Act 2002 (Cth) to exclude person who acquires property at time it becomes proceeds or an instrument of an offence – Whether each Court of Appeal wrongly interpreted term “sufficient consideration” in ss 330(4)(a) and 338 as requiring connection between third party acquirer of property and person from whom property passed – Whether each Court of Appeal erred in interpreting and applying “circumstances that would not arouse a reasonable suspicion, that the property was proceeds of an offence or an instrument of an offence” in s 330(4)(a).

Documents*

22/03/2019 Hearing (SLA, Sydney v/link Perth)

02/04/2019 Notice of appeal

08/05/2019 Written submissions (Appellants)

08/05/2019 Chronology (Appellants)

05/06/2019 Written submissions (Respondent)

24/06/2019 Reply

07/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

07/08/2019 Outline of oral argument (Appellants)

08/08/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

08/08/2019 Outline of oral argument (Respondent)