Commissioner of the Australian Federal Police v. Cox, I.O. [1986] FCA 633

CATCHWORDS

CUSTOMS - application for civil penalty - order to take control of property - whether interlocutory - jurisdiction to set aside - Jurisdiction to make declaration as to title to property -

whether prima facile case enough.

CONSTITUTIONAL LAW - acquisition of property - enforcement of Customs Act - in aid of recovery of penalty - order to take control of

all defendant's property - validity - whether just terms necessary.

EQUITY - voluntary assignment - when complete - nominal consideration - Torrens land - whether transferee must have certificate of title - presumption that transferor retains beneficial interest.

STATUTES - presumptions - against self-incrimination - whether privilege excluded.

FEDERAL COURT - jurisdiction - declaratory order

Customs Act 1901 Division 3 Constitution of the Commonwealth of Austcalia s.51(xxx1) Proverty Law Act 1974 (Q.) 5.200

Real Property Act 1861 (Q.) ss.49, 95, 139

Stamp Act 1894 (Q.) s.4B

Commissioner of the Australian Federal Police v. Ian Ormond Cox N.S.W. G292 of 1986

PINCUS J. BRISBANE 24 DECEMBER 1986

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IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G292 of 1986 GENERAL DIVISION )

BETWEEN: COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

Applicant AND: JAN ORMOND COX Defendant MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 DECEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS:

1.

That the order of the Honourable Mr. Justice Beaumont of 21 July 1986 be further varied:

(1) By veplacing the words "Situate in the Commonwealth of Australia, and without limiting the scope of this order, the Defendant's interest in:" by the words:

"AND 1t 1s DECLARED, without limiting the scope of this order, that such property includes:".

(11) By inserting after para.2(a)(iv) the following: "(b) AND without limiting the scope of this order, the Defendant's interest in:".