Commissioner of the Australian Federal Police v Dickson [2016] NSWSC 65

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Dickson [2016] NSWSC 65 Hearing dates: 9 February 2016 Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) The Notices of Motion by the First and Fourth Defendants filed 18 December 2015 are dismissed. (2) The First and Fourth Defendants are to pay the Plaintiff's costs. Catchwords: PROCEDURE – discovery – application to exclude property from forfeiture under the Proceeds of Crime Act 2002 (Cth) – whether assets wholly or partly derived or realised from commission of offences - applicants' documents seized by the Plaintiff under search warrants – applicants seek documents in support of application to exclude – time of offending and time of purchase of assets - whether documents sought go to a fact in issue on the application – order for discovery refused. Legislation Cited: Criminal Code 1995 (Cth) Legal Services Directions 2005 (Cth). Proceeds of Crime Act 2002 (Cth) Cases Cited: Pavlavi v Radio 2UE Sydney Pty Ltd [2011] NSWCA 264 R v Anthony James Dickson [2015] NSWSC 268 Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Anthony James Dickson (First Defendant) Dagmar Maxianova (Second Defendant) Representation: Counsel: J C Conde (Plaintiff) N Siafakas (First and Second Defendants)

Solicitors: Proceeds of Crime Litigation, Australian Federal Police (Plaintiff) Tully & Chiper Lawyers (First and Second Defendants) File Number(s): 2012/108692