Director of Public Prosecutions v Kunz [1999] FCA 302

FEDERAL COURT OF AUSTRALIA

Director of Public Prosecutions v Kunz [1999] FCA 302

PROCEEDS OF CRIME – first respondent charged with criminal offences – first respondent's property subject to restraining orders made in the Supreme Court of Victoria pursuant to s 43 of the Proceeds of Crime Act 1987 (Cth) and the Federal Court pursuant to s 243E of the Customs Act 1901 (Cth) – alleged written agreement ("the agreement") between first and second respondents disposing of property – application by first respondent for an order that the real property be charged to the second respondent pursuant to the agreement and that the property be valued and transferred to the second respondent in partial satisfaction of the debt of the first respondent to the second respondent – opposing application by Commonwealth Director of Public Prosecutions to have the disposition or dealing with the property effected by the agreement set aside ab initio pursuant to s 52 Proceeds of Crime Act 1987 (Cth) – whether agreement was authentic or a sham – whether agreement made on the date it bears. Customs Act 1901 (Cth): s 243E, s 243K Proceeds of Crime Act 1987 (Cth): s 43, s 52, s 57

Thomson v Attorney‑General (1996) 1 NZLR 21 applied Davis v Federal Commissioner of Taxation (1989) 86 ALR 195 followed

DIRECTOR OF PUBLIC PROSECUTIONS v LESLAW KUNZ & ORS

VG 260 of 1990

DIRECTOR OF PUBLIC PROSECUTIONS v LESLAW KUNZ & ANOR VG 564 of 1998 GOLDBERG J MELBOURNE

25 MARCH 1999 IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 260 of 1990

BETWEEN: DIRECTOR OF PUBLIC PROSECUTIONS

AND: Applicant

LESLAW KUNZ

First Respondent

ROBERT PETER KUNZ

Second Respondent