NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Commissioner of the Australian Federal Police v Higgins [2018] NSWSC 244 Hearing dates: 22 February 2018 and 23 February 2018 Date of orders: 23 February 2018 Decision date: 02 March 2018 Jurisdiction: Common Law Before: Schmidt J Decision: Application dismissed. Order for costs in favour of the Commissioner. Catchwords: PROCEEDS OF CRIME – notice of motion – stay sought of pending forfeiture orders – no power to order stay – further extension sought so that foreshadowed conviction appeal can be heard - no notice of appeal filed – further extension not granted –– s 53 Proceeds of Crime Act 2002 - jurisdiction – construction of A New Tax System (Family Assistance) (Administration) Act 1999 – applications under s 29 and s 94 Proceeds of Crime Act – orders sought not made - reasons for decision Legislation Cited: A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) Civil Procedure Act 2005 (NSW) Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Melissa Jade Higgins (Defendant) Representation: Counsel: Mr D Tynan (Plaintiff)
Solicitors: Australian Federal Police, Proceeds of Crime Litigation (Plaintiff) Ms Higgins (self-represented) File Number(s): 2015/97285 Publication restriction: Nil
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