Event and Time
Event Description
This case involves an application for the forfeiture of various properties to the Commonwealth under the Proceeds of Crime Act 2002 (Cth). The application was triggered following the conviction of the second defendant for serious criminal offenses, including conspiracy to cause a loss to the Commonwealth and money laundering.
Application and Claims
- An application was filed by the Commonwealth under section 95 of the Proceeds of Crime Act 2002 to declare certain properties as forfeited.
- The relevant properties were outlined in a schedule attached to the Notice of Motion filed on 1 May 2020.
- The second defendant, Michael John Issakidis, had previously exhausted avenues of appeal against his conviction before this forfeiture application.
Judicial Decisions
On 18 June 2020, the Court declared that the property listed in the schedule was forfeited to the Commonwealth immediately before 29 September 2018, pursuant to section 92(1) of the Act.
Dispute Points and Legal Basis
Dispute Points
- Claimants (Commonwealth):
- Asserts that the identified properties were criminal proceeds and should be forfeited to the Commonwealth under the Act. - Provided evidence that the second defendant's conviction justified the forfeiture.
- Defendant (Michael John Issakidis):
- Although not actively disputing the forfeiture at this stage, he challenged the legality of the proceedings earlier during his criminal trial and subsequent appeals. - His legal representation may have sought to prevent the forfeiture or limit the extent of property declared as forfeited if any defenses existed based on third-party interests.
- Interests from Third Parties:
- There may be claims from entities such as Dampier Finance FX Solutions Limited and others regarding their interests in the properties mentioned in the declaration. - The court required evidence of notifying interested parties as per section 92A of the Act.