The Commissioner of the Australian Federal Police v Dickson [2013] NSWSC 1584

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Dickson [2013] NSWSC 1584 Hearing dates: 9 April 2013 Decision date: 31 October 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 39(1)(ca) of the Proceeds of Crime Act 2002, the first defendant is directed to give the plaintiff by 14 November 2013 a sworn statement setting out: (a) All of his interests in property within the meaning of the Act, worldwide, not including any asset or interest in property with a value less than AUD $5,000 as at the date of these orders; and (b) All of his liabilities, worldwide, not including any liability with a value less than AUD $5,000 as at the date of these orders. (2) Pursuant to s 39(1)(d) of the Act, the fourth defendant is directed to give to the plaintiff by 14 November 2013 a sworn statement setting out all of her dealings with the item of property specified at Item 10a of Schedule One to the amended summons filed by the plaintiff on 8 May 2012. (3) The first defendant to pay two-thirds of the plaintiff's costs of the hearing of 9 April 2013. (4) The fourth defendant to pay one-third of the plaintiff's costs of the hearing of 9 April 2013. Catchwords: CONFISCATION - ancillary orders - alleged non-compliance with previous orders for statement of asset and liabilities - whether ancillary orders can require specificity - whether compliance requires disclosure of value of assets - orders requiring provision of further details made Legislation Cited: Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Commissioner of Australian Federal Police v Dickson [2012] NSWSC 1167 Commonwealth Director of Public Prosecutions v Xu [2005] NSWSC 191; (2005) 154 A Crim R 173 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Category: Procedural rulings Parties: The Commissioner of the Australian Federal Police (P) Anthony James Dickson (D1) Dagmar Maxianova (D4) Representation: Counsel: E Cheeseman SC, G O'Mahoney (P) M Wigney SC, J Bryson (D1) In person (D4)