Commissioner of the Australian Federal Police v Dickson (No. 2) [2016] NSWSC 574

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Dickson (No. 2) [2016] NSWSC 574 Hearing dates: 2 May 2016 Decision date: 02 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the fourth defendant's application for exclusion from forfeiture made by motions filed on 10 August 2015 and 1 December 2015.

(2) Order the fourth defendant to pay the plaintiff's costs. Catchwords: CRIMINAL ASSETS – proceeds of crime – application for exclusion from forfeiture – Commissioner must have opportunity to conduct examinations – non-attendance by applicant at examination and at hearing – application dismissed Legislation Cited: Criminal Code Act 1995 (Cth), ss 11.5, 135.4, 400.3 Proceeds of Crime Act 2002 (Cth), ss 18, 92, 93, 94, 180, 180A, 183, 185, 195, 337, 338 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Anthony James Dickson (Defendant) Dagma Maxianova (4th Defendant) Representation: Counsel: E Cheeseman SC/JC Conde N Siafakas

Solicitors: Australian Federal Police (Plaintiff) Tully & Chiper Lawyers (4th Defendant) File Number(s): 2012/108929

Judgment

Introduction 1. By notice of motion, filed in Court on 29 April 2015, the Commissioner of the Australian Federal Police (the Commissioner) seeks an order that the applications made by Dagmar Maxianova (the fourth defendant) (by notices of motion filed on 10 August 2015 and 1 December 2015) for exclusion from forfeiture of certain property be dismissed. 2. The plaintiff relied on the affidavit of Alana Claire Jessep sworn 28 April 2016. 3. At the conclusion of the hearing of the Commissioner's application I made an order dismissing Ms Maxianova's application for exclusion and ordering her to pay the Commissioner's costs. My reasons for these orders follow.