Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 993

Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 993

Mr Mulder's interests in the funds standing to the credit of the two term deposit accounts are instruments of a serious offence and unlawful activity because the property interest (the chose in action) was acquired through the commission of the offence of opening bank accounts in a false name, irrespective of the lawful origin of the funds deposited.

Jurisdiction
Australia
Judgment Date
25 July 2013
Procedural Posture
Application for Exclusion of Property From Restraining Order and Forfeiture Under the Proceeds of Crime Act / Final Determination
Outcome
Applications refused
Legal Topics
['automatic Forfeiture' 'restraining Order' 'instrument of Unlawful Activity' 'lawful Acquisition of Property' 'nature of Property Interest in Bank Accounts']
['criminal Law' 'proceeds of Crime'] ['automatic Forfeiture' 'restraining Order' 'instrument of Unlawful Activity' 'lawful Acquisition of Property' 'nature of Property Interest in Bank Accounts']

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Procedural Posture

Application for Exclusion of Property From Restraining Order and Forfeiture Under the Proceeds of Crime Act / Final Determination

Legal Issues

  1. 1 ["Whether the funds in Mr Mulder's term deposit accounts should be excluded from the restraining order and forfeiture under the Proceeds of Crime Act 2002 (Cth)" 'Whether the property is an instrument of a serious offence or instrument of unlawful activity' 'Whether the property was lawfully acquired']

Ratio Decidendi

Mr Mulder's interests in the funds standing to the credit of the two term deposit accounts are instruments of a serious offence and unlawful activity because the property interest (the chose in action) was acquired through the commission of the offence of opening bank accounts in a false name, irrespective of the lawful origin of the funds deposited.

Court Disposition

Applications refused

Orders

  • ['Applications for exclusion of property from the restraining order and from forfeiture are refused.' "The applicant/defendant to pay the plaintiff/respondent's costs of the motion as agreed or assessed."]