COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE -v- KALIMUTHU [No 2] [2018] WASCA 192

SUPREME COURT OF WESTERN AUSTRALIA
[2018] WASCA 192
THE COURT OF APPEAL (WA)
N/A
CACV 51/2017
9 FEBRUARY 2018
BUSS P
MURPHY JA
BEECH JA
30/10/2018
Perth
Appeal allowed
A
COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE
GANESH KALIMUTHU
MACQUELENE PATRICIA MICHAEL DASS
Crime
Proceeds of crime
Proper construction of the Proceeds of Crime Act 2002 (Cth) (POC Act)
Where the primary judge made a restraining order under s 19 of the POC Act in relation to three Australian bank accounts in the name of one or other of the respondents
Where the respondents applied under s 31 of the POC Act for an order that their interests in the property the subject of the restraining order be excluded from that order
Whether the primary judge erred in law in finding that the respondents were 'third parties' for the purposes of s 330(4)(a) of the POC Act
Whether the primary judge erred in law in finding that 'sufficient consideration' had been provided by the respondents for the purposes of s 330(4)(a) of the POC Act
Whether the primary judge erred in law in finding that the circumstances in which the property was acquired would not have aroused a 'reasonable suspicion' that the property was the proceeds of an offence, further or alternatively the instrument of an offence, within s 330(4)(a) of the POC Act Practice and procedure
Primary judge made orders under s 29 and s 39(1)(e)(i) of the POC Act
Whether primary judge's orders interlocutory or final
Appeal under s 58(1)(b) of the Supreme Court Act 1935 (WA)
Whether leave to appeal required
Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth), s 43, s 142
Commonwealth Constitution, s 77(iii)
Criminal Code (Cth), s 9.3, s 400.9(1)
Judiciary Act 1903 (Cth), s 39A
Proceeds of Crime Act 2002 (Cth), s 5, s 19, s 29, s 31, s 38, s 39, s 49, s 51, s 66, s 73, s 80, s 314, s 315, s 317, s 322, s 329, s 330, s 336, s 338
Supreme Court Act 1935 (WA), s 7, s 58(1)(b), s 60(1)(f)
N/A