The Commissioner of the Australian Federal Police v Anthony James Dickson & Ors [2021] NSWSC 1641

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Anthony James Dickson & Ors [2021] NSWSC 1641 Hearing dates: 19 May 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Common Law Before: Campbell J Decision: See paragraph 55 Catchwords: CRIME – confiscations – leave to apply for relief from property forfeited to Commonwealth – where application not made in period between s 92A notice and date of forfeiture – whether 'good reason' for not having made application in relevant period or 'special grounds' justifying grant of leave – impecunious applicant – dependent on her husband – lawfully acquired property preceding distribution of ill-gotten gains – mental health issues in relevant period – husband offender source of solicitor's instructions – discretion to grant leave – futility – not established Legislation Cited: Proceeds of Crime Act 2002 (Cth) ss 92, 92A, 102, 104, 107, 116, 140, 180 Cases Cited: Commissioner of the Australian Federal Police v Dickson & Ors [2020] NSWSC 869 Commissioner of the Australian Federal Police v Hart (2018) 262 CLR 76; [2018] HCA 1 R v Issakidis [2018] NSWSC 378 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Issakidis v R [2019] NSWCCA 302 Issakidis v The Queen [2020] HCASL 121 Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 273; [2019] HCA 39 Texts Cited: Nil Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff/Respondent) Anthony James Dickson (1st Defendant) Michael John Issakidis (2nd Defendant) Donrecka Issakidis (9th Defendant/1st Applicant) Hilldon Pty Limited (10th Defendant/2nd Applicant) Jodoway Pty Limited (13th Defendant/3rd Applicant) Representation: Counsel: Mr N D Boyd with Mr L Henry (Applicants) Mr J C Conde with Ms A L Reid (Respondent)