Recent Cases

Dickson v Commissioner of the Australian Federal Police [2023] NSWCA 10 (14 February 2023) (Macfarlan and Brereton JJA)


Catchwords:


CIVIL PROCEDURE — whether requirements for pecuniary penalty order application satisfied — whether an originating process may constitute an application and written notice by a proceeds of crime authority for a pecuniary penalty order under ss 134 and 136 of the Proceeds of Crime Act 2002 (Cth)

CIVIL PROCEDURE — challenge to constitutional validity of pecuniary penalty order regime — whether Court permitted to value taxation benefits resulting from commission of offences in order to determine amount of pecuniary penalty under s 121 of the Proceeds of Crime Act 2002