1 Mar 2019
The sentencing remarks did not constitute High Court approval under s95 of the Criminal Proceeds (Recovery) Act 2009; because no formal s95 approval was given the settlement was not binding and there is no res judicata or estoppel preventing the Commissioner from pursuing the larger forfeiture claim.
8 Feb 2019
The Court approved the settlement under s95 because it was consistent with the Act's forfeiture purposes and the overall interests of justice, having regard to the lengthy court process, storage costs, pragmatic recovery of approximately 10% of the claimed amount, savings in time and cost, avoidance of litigation risk, and public interest in finality.
12 Dec 2017
The Court approved the settlement agreements under s95 because the agreements and evidentiary material demonstrated that the specified asset and profit forfeiture orders would give effect to the purposes of the Act; where a respondent did not oppose, the Court made a profit forfeiture order on the evidence filed.