Commissioner of the Australian Federal Police v Dickson [2022] NSWSC 799

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Dickson [2022] NSWSC 799 Hearing dates: 6 October 2021 Decision date: 17 June 2022 Jurisdiction: Common Law Before: Ierace J Decision: (1) The notice of motion filed by the first defendant on 18 September 2020 is dismissed; (2) The first defendant is to pay the costs of the plaintiff on the first defendant's notice of motion; (3) The notice of motion filed by the plaintiff on 23 April 2021 is granted; (4) The cross-summons filed by the first defendant on 16 March 2021 is dismissed; (5) The first defendant is to pay the costs of the plaintiff on the plaintiff's notice of motion. Catchwords: CIVIL PROCEDURE – application by first defendant for stay of proceedings – whether abuse of process established CIVIL PROCEDURE – application by first defendant for summary dismissal of proceedings – whether no reasonable cause of action disclosed – where first defendant self-represented – meaning of "notice" and "application" in s 136 of the Proceeds of Crime Act 2002 (Cth) CIVIL PROCEDURE – application by plaintiff for summary dismissal of the first defendant's cross-summons – whether no reasonable cause of action disclosed – where cross-summons disputes the constitutional validity of the pecuniary penalty order regime under the Proceeds of Crime Act 2002 (Cth) in cases of tax fraud – where similar issue previously considered by Court of Appeal in related appeal brought by first defendant Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Criminal Code (Cth), ss 11.5, 135.4, 400.3 Proceeds of Crime Act 2002 (Cth), ss 18, 92, 94, 95, 102, 104, 116-126, 130, 134, 136, 338 Uniform Civil Procedure Rules 2005 (NSW) rr 12.7, 13.4 Cases Cited: AD v Commissioner of the Australian Federal Police (2018) 97 NSWLR 588; [2018] NSWCA 89 Attorney General for New South Wales v XX (2018) 98 NSWLR 1012; [2018] NSWCCA 198 Commissioner of the Australian Federal Police v Dickson (No.3) [2016] NSWSC 564 Dickson v The Queen [2016] HCATrans 307 Dickson v R [2016] NSWCCA 105 General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Leerdam v Noori (2009) 227 FLR 210; [2009] NSWCA 90 Pratten v R [2021] NSWCCA 251 R v Dickson (No 18) [2015] NSWSC 268 Seidler v Carroll & O'Dea [2013] NSWSC 338 Ugur v Attorney General for New South Wales [2019] NSWCA 86 Williams v Spautz (1992) 174 CLR 509 X7 v Australian Crime Commission (2013) 248 CLR 92; 2013 HCA 29 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Anthony James Dickson (First Defendant) Representation: Counsel: J C Conde; A L Reid (Plaintiff) In person (First Defendant)