The new-ish Chief Justice of South Australia recently delivered an interesting judgment about the SA vehicle forfeiture provisions, Bell v Police [2012] SASC 188. Because of the similarities with Victorian legislation, the case is bound to receive consideration here.In short, Kourakis CJ considered those provisions — found in the Criminal Law (Clamping, Impounding and Forfeiture …
Tag: confiscation
Vehicle impoundment and hardship
In Frohling v Police [2011] SASC 53 the South Australian Supreme Court considered vehicle impoundment under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007.Section 13 provides:13 Court may decline to make order in certain circumstances(1) A court that records a conviction to which this Part applies may decline to make an order …
Sing a song of sixpence? DPP v Twenty Fourth Trengganu Pty Ltd [2011] VSCA 92
We don't get very many appellate decisions on the Confiscation Act 1997, and even fewer from the Court of Appeal.DPP v Twenty Fourth Trengganu Pty Ltd [2011] VSCA 92 was delivered by the Court of Appeal earlier this week. The company Twenty Fourth Trengganu Pty Ltd applied to exclude a car from being restrained for …
Continue reading Sing a song of sixpence? DPP v Twenty Fourth Trengganu Pty Ltd [2011] VSCA 92
Civil Procedure Act 2010
Edit: The new government is removing the requirement that parties attend mandatory pre-litigation proceedings for debt recovery and other matters. The amendments are contained in the Civil Procedure and Legal Profession Amendment Bill 2011 currently before the parliament.The Explanatory Memorandum says,The Bill will deliver on the Government's commitment to end mandatorypre-litigation procedures for debt recovery …
Confiscation applications
I had to re-visit the Confiscation Act s 32 today.It provides that the Director of Public Prosecutions or an appropriate officer may apply for forfeiture of tainted property when a person is convicted of a Schedule 1 offence.An appropriate officer is either the Director of Public Prosecutions or the Chief Commissioner of Police.That authority is …