The Commissioner of The Australian Federal Police v Halac [2015] NSWSC 520

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of The Australian Federal Police v Halac [2015] NSWSC 520 Hearing dates: 9 February 2015 Date of orders: 06 May 2015 Decision date: 06 May 2015 Jurisdiction: Common Law Before: Hidden J Decision: Motion dismissed Catchwords: Proceeds of Crime – application by defendant for exclusion of property from automatic forfeiture and for extension of time in which to make the application – application made on the last day of the six month period before automatic forfeiture – property automatically forfeited – no power to make exclusion order – consideration of relevant provisions of Proceeds of Crime Act 2002 (Cth) Legislation Cited: Criminal Assets Confiscation Act 2005 (SA) Criminal Code 1995 (Cth) Limitations of Actions Act 1936 (SA) Proceeds of Crime Act 1987 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Certain Lloyds Underwriters Subscribing to Contract No. IHOOAAQS v Cross (2012) 248 CLR 378 Director of Public Prosecutions (Cth) v Chan [2001] NSWCA 249, 52 NSWLR 56 Federal Commissioner of Taxation v Consolidated Media Holdings Limited (2012) 250 CLR 503 Hall v Director of Public Prosecutions [2015] SASCFC 19 Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2015] FCAFC 7 Plaintiff S4/2014 v Minister for Immigration and Border Protection [2014] HCA 34 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Taylor v The Owners – Strata Plan 11564 (2014) 88 ALJR 473 The Commissioner of the Australian Federal Police v Klein and Hubble [2014] NSWSC 1638 Thiess v Collector of Customs (2014) 250 CLR 664 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (plaintiff) Sven Halac (1st defendant) David Christiaan Brooker (2nd defendant) Matthew John Fetzer (3rd defendant) Representation: Counsel: AJ Sullivan QC (plaintiff) A Radojev – amicus curiae (1st defendant)