Federal Court of Australia
CATCHWORDS
CUSTOMS - Customs Act 1901 - recovery of pecuniary penalty with respect to narcotics dealings - order directing Official Trustee to take control of property - whether chose in action and shares under control of Official Trustee or subject to lien/charge for solicitors' costs.
Whether statement identifying property infringes privilege against self-incrimination - discretion.
equi - Whether retainer agreement between solicitors and clients transferred beneficial ownership of property - whether purpose trust created.
Customs Act 1901 - ss.243B, 243E, 243F, 243J
WILLIAM BRUCE KIRK & ORS -V- COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE = = 2 2 —Ort—"ts—... CVC
QLD G.7 of 1988
Fox, Davies & Beaumont JJ. 8 July 1988 Sydney
THE COURT ORDERS THAT: 7
1. The appeal is allowed to the extent that the orders made by the Honourable Mr Justice Pincus on 24 December 1987 be varied as follows:-
(1) Before Orders 4 and 5, the words "AND IT IS DECLARED" should be deleted and in lieu thereof the words "AND IT IS DIRECTED" should be substituted;
(41) In Order 4, by omitting the words "relate to the property of Resorts Pacific Limited, Development Industries Limited and Willesden Development Limited and that such property includes" and by substituting therefore the words "relates to property including";
(1i4) In Order 4(b), by substituting the word "the" for the word "any" and by actling after "Melanesia International Trust Compeny Limited", where the same secondly appears, the words "being the sum of $1,095, 411.36 on 29 December 1967 transferred into account no. G17587050191 at the Commonwealth Trading Bank, George Street, Brisbane, in the name of the Official Trustee in Bankruptcy."
(iii) By adding the following order:-
"3A That leave be reserved to the appellants and each of them to apply for an order in the discretion of the court for dispensation from Orders 1 and 3 or for variation of Order 2 on the ground that the effect of such orders would be likely to prejudice the fair trial of criminal proceedings brought against the
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