Federal Court of Australia
— WH gs
-
"JUDGMENT No. TSA f.621..
CATCHWORDS
CUSTOMS AND EXCISE - narcotics dealing ~ application seeking penalty - jurisdiction regarding ownership of property under control - whether control order ambulatory - whether
examination before criminal proceedings. STATUTE - presumption against self-incrimination.
EQUITY - transfer of funds - no consideration - whether presumption of resulting trust.
Commissioner of the Australian Federal Police v. William Bruce Kirk & Ors. Qld GI75 of 1987
PINCUS J. BRISBANE 24 DECEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G175 of 1987 GENERAL DIVISION )
BETWEEN: COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Applicant
AND: WILLIAM BRUCE KIRK (Also known as William Albert Jenkins)
First Respondent AND: RICHARD SHIER LEETH (Also known as James Robert Delaney)
Second Respondent AND: DALE STEWART KIRK (Also known as Donald Paterson)
Third Respondent AND: MICHAEL ALAN BOCKOFF
Fourth Respondent AND: DONNA JANE SCHLINKERT (Also known as Donna Jane Paterson)
Fifth Respondent AND: VALERIE ELIZABETH SCOTT
Sixth Respondent AND: ROBYN ANNE GUNDERS
Seventh Respondent AND: PAUL JOSEPH DONOVAN
Eighth Respondent AND: TERRE REBECCA TUCKER
Ninth Respondent AND: CAROL ANN POWELL
Tenth Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 DECEMBER 1987
WHERE MADE: BRISBANE
THE COURT ORDERS pursuant to s.243F of the Customs Act 1901 that:
l. Upon the filing of an undertaking by or on behalf of the Director of Public Prosecutions not to tender the same in whole or in part in the criminal proceedings pending against the defendants in relation to alleged narcotics offences, each defendant furnish to the Official Trustee within 28 days of the filing of the said undertaking, a statement verified by the Oath or affirmation of the defendant, identifying all of his/her property whether real or personal, wheresoever situated, and giving, in relation to each item of property, the following particulars:
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