Director of Public Prosecutions (Cth) v Petroulias [2017] NSWSC 1290

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (Cth) v Petroulias [2017] NSWSC 1290 Hearing dates: 14 June 2017 Decision date: 28 September 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Declare, pursuant to s 19(1)(a) of the Crimes (Superannuation Benefits) Act 1989 (Cth) that Nikytas Nicholas Petroulias (now known as Michael Felson) was convicted in the Supreme Court of New South Wales of one offence contrary to s 73 of the Crimes Act 1914 (Cth) and one offence contrary to s 70 of the Crimes Act, both being corruption offences within the meaning of the Crimes (Superannuation Benefits) Act. (2) Declare, pursuant to s 19(1)(b) of the Crimes (Superannuation Benefits) Act, that Part 2 of that Act applies in relation to the rights of, and benefits paid or payable to or in respect of, the defendant under the superannuation scheme established by the Commonwealth of Australia pursuant to the Superannuation Act 1990 (Cth) and known as the Public Sector Superannuation Scheme. (3) Specify, pursuant to s 19(4)(a) of the Crimes (Superannuation Benefits) Act that the amount which reflects the value of the sum of the employer contributions or benefits made by the Commonwealth in respect of the defendant under the Scheme that have been paid to the defendant by the Scheme as at the date on which this order is made (excluding interest on those contributions or benefits accrued under the Scheme) is $21,298.36. (4) Order that, pursuant to s 19(4)(b) of the Crimes (Superannuation Benefits) Act, the defendant pay $21,298.36 to the Commonwealth. Catchwords: CRIMINAL ASSETS – superannuation order sought under the Crimes (Superannuation Benefits) Act 1989 (Cth) - whether leave under s 82(1) of the Bankruptcy Act 1989 (Cth) required to commence proceedings – whether offences answer the description of "corruption offences" Legislation Cited: Bankruptcy Act 1989 (Cth), ss 58(3), 82(1) Crimes Act 1914 (Cth), ss 70, 73 Crimes (Superannuation Benefits) Act 1989 (Cth), ss 2, 7, 16, 17, 18, 19 Superannuation Act 1990 (Cth) Cases Cited: Petroulias v R [2014] NSWCCA 108 R (Cth) v Petroulias (No. 36) [2008] NSWSC 626 Category: Principal judgment Parties: Director of Public Prosecutions (Cth) (Plaintiff) Nikytas Nicholas Petroulias (Defendant) Representation: Counsel: Ms P McEniery (Plaintiff)