Dickson v Commissioner of the Australian Federal Police [2023] NSWCA 10

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dickson v Commissioner of the Australian Federal Police [2023] NSWCA 10 Hearing dates: 1 February 2023 Date of orders: 14 February 2023 Decision date: 14 February 2023 Before: Macfarlan JA; Brereton JA Decision: Dismiss the application for leave to appeal, with costs. Catchwords: CIVIL PROCEDURE — whether requirements for pecuniary penalty order application satisfied — whether an originating process may constitute an application and written notice by a proceeds of crime authority for a pecuniary penalty order under ss 134 and 136 of the Proceeds of Crime Act 2002 (Cth) CIVIL PROCEDURE — challenge to constitutional validity of pecuniary penalty order regime — whether Court permitted to value taxation benefits resulting from commission of offences in order to determine amount of pecuniary penalty under s 121 of the Proceeds of Crime Act 2002 Legislation Cited: Criminal Code Act 1995 (Cth), ss 135.4(5), 11.5(1) and 400.3(1) Proceeds of Crime Act 2002 (Cth), ss 121, 134, 136 Cases Cited: Pratten v Commonwealth of Australia [2017] HCATrans 124 Saffron v Commissioner of Taxation (1991) 30 FCR 578 Category: Procedural rulings Parties: Anthony James Dickson (Applicant) Commissioner of the Australian Federal Police (Respondent) Representation: Counsel: Applicant (Self-represented) J C Conde / A L Reid (Respondent)

Solicitors: Australian Federal Police, Criminal Assets Litigation (Respondent) File Number(s): 2022/211206 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2022] NSWSC 799 Date of Decision: 17 June 2022 Before: Ierace J File Number(s): 2012/108692