The Commissioner of the Australian Federal Police v Cranston [2021] NSWSC 1118 | Case summary

Supreme Court of NSW|2021-08-12|Before: Wright J, Fullerton J

Solicitors: Criminal Assets Litigation, Australian Federal Police (Plaintiff) Mills Oakley (Second Respondent) File Number(s): 2017/146280

Background

By a notice of motion filed on 20 April 2021, the plaintiff, the Commissioner of the Australian Federal Police, seeks a declaration of forfeiture under s 95 of the Proceeds of Crime Act 2002 (Cth) (POC Act) in respect of property covered by restraining orders made under s 18 of the POC Act against the third defendant, Mr Simon Anquetil. The restraining orders in question were made by Fullerton J on 16 May 2017 (see The Commissioner of the Australian Federal Police v Cranston and Ors (No 1) [2017] NSWSC 624) and by subsequent orders of the Court made on 26 May 2017, 11 September 2017, 1 December 2017 and 17 April 2020.

Table of Properties Item Property Description Owner Section 18 Order

Real Property located at 3/1 Harbourview Crescent, Lavender Bay, New South Wales being Lot 3 on Strata Plan 19172 Simon Paul Anquetil 16 May 2017, par 29, sch 10
Proceeds of the sale of real property located at 1310/38-42 Bridge Street, Sydney being Lot 99 in Strata Plan 57860 Simon Paul Anquetil 16 May 2017, par 31, sch 11
Real property located at 2/14 Kings Cross Road, Potts Point, New South Wales, being Lot 75 in Strata Plan 81470 and Lot 9 in Strata Plan 79156 Anquetil Super Pty Ltd 16 May 2017, par 41, sch 16 (Deregistered)
Real property located at 12 Gamboge Avenue, Karnup, Western Australia being Title Reference 2866-631 SPA Ventures Pty Ltd (Deregistered) 16 May 2017, par 42, sch 17
Real property located at Apartment 2211, 2700 S Las Vegas Boulevard, Las Vegas, Nevada, 89109, United States of America Simon Paul Anquetil 16 May 2017, par 156 - "any and all of the property … held by Simon Paul Anquetil … which is not already specified in any Schedule …" as disclosed in the affidavit of Simon Paul Anquetil sworn 25 May 2017, Annexure SPA-2, item 35
Infinity QX70 (VIN JN1TDNS51A0370037), registration number SYD9EY (NSW) Simon Paul Anquetil 16 May 2017, par 70, sch 32, item 1
Infinity Q60 (VIN JN12CAV36A0170020), registration number 5YDNEY (NSW) Simon Paul Anquetil 16 May 2017, par 70, sch 32, item 2
2016 Infiniti QX30 motor vehicle, VIN: SJKDCNH15A1013512, Registration number LAN13M (NSW) Melanie Audrey Stephen 1 Dec 2017, par 9, sch 5
Silver Breitling brand A45310 white face wrist watch Simon Paul Anquetil 16 May 2017, par 156 - "any and all of the property … held by Simon Paul Anquetil … which is not already specified in any Schedule …" as referred to in sch 8, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Men's Breitling watch silver dark face A13340 on back Simon Paul Anquetil 16 May 2017, par 156 - "any and all of the property … held by Simon Paul Anquetil … which is not already specified in any Schedule …" as referred to in sch 8, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Harpejji K24 Musical instrument S/N 00101, and power cords for Harpejji K24 musical instrument Simon Paul Anquetil 16 May 2017, par 156 - "any and all of the property … held by Simon Paul Anquetil … which is not already specified in any Schedule …" as referred to in sch 8, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Tag Heuer Carrera watch silver in colour serial CAR2110-4 RUR7108 Simon Paul Anquetil 16 May 2017, par 156 - "any and all of the property … held by Simon Paul Anquetil … which is not already specified in any Schedule …" as referred to in sch 8, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Funds standing to the credit of Commonwealth Bank of Australia (CBA) account 062004-10418051, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 1
Funds standing to the credit of CBA account 716718504172, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 2
Funds standing to the credit of CBA account 062000 16645766, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 3
Funds standing to the credit of CBA account 062000 16645790, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 4
Funds standing to the credit of ING Group (ING) account 13965227, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 5
Funds standing to the credit of ING account 34924693, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 6
Funds standing to the credit of National Australia Bank (NAB) account 083832163176422, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 88, sch 48, item 7
Funds standing to the credit of CBA account 062004 10419716, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust 16 May 2017, par 89, sch 49, item 1
Funds standing to the credit of CBA account 062004 10417809, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust 16 May 2017, par 89, sch 49, item 2
Funds standing to the credit of CBA account 062004 10423264, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust 16 May 2017, par 89, sch 49, item 3
Funds standing to the credit of CBA account 062000 50794810, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust 16 May 2017, par 89, sch 49, item 4
Funds standing to the credit of CBA account 062000 50805217 (or any holding or other account the funds may have been transferred to following maturity of the CBA Term Deposit), together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust 11 Sep 2017, par 1, sch 1 of the orders against Simon Paul Anquetil and SPA Ventures Pty Ltd
Funds standing to the credit of CBA account 200910845922, held in the name of Tech Pilot Fund Pty Ltd, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered) 16 May 2017, par 90, sch 50, item 1
Funds standing to the credit of CBA account 200910845914, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered) 16 May 2017, par 90, sch 50, item 2
Funds standing to the credit of CBA account 062004 50106490, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered) 16 May 2017, par 90, sch 50, item 3
Funds standing to the credit of CBA account 062004 50111919, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered) 16 May 2017, par 90, sch 50, item 4
Funds standing to the credit of CBA account 232210444745, together with any interest earned on that account Media & Marketing Pty Ltd (Deregistered) 16 May 2017, par 91, sch 51, item 1
Funds standing to the credit of CBA account 232210422001, together with any interest earned on that account Media & Marketing Pty Ltd (Deregistered) 16 May 2017, par 91, sch 51, item 2
Funds standing to the credit of CBA account 062005 11368647, together with any interest earned on that account Good Shift Co-working Pty Ltd (Deregistered) 26 May 2017, par 3
Funds standing to the credit of Valbury Capital Ltd account number VC0000052, together with any interest earned on that account SPA Ventures Trust 16 May 2017, par 93, sch 52
Funds standing to the credit of Valbury Capital Ltd, account number VCTJA58, together with any interest earned on that account SPA Ventures Trust 17 April 2020, par 1, sch 1
Funds standing to the credit of C.I.M Banque account CH1708822106613195001, together with any interest earned on that account Solutions Mondiale Ltd 16 May 2017, par 94, sch 53
Funds standing to the credit of CBA account 200410417817, together with any interest earned on that account Aeon Venture Holdings Pty Ltd (Deregistered) 16 May 2017, par 95, sch 54
Funds standing to the credit of St George account 487105090, together with any interest earned on that account Simon Paul Anquetil and Cheree Gabrielle Marshall 16 May 2017, par 96, sch 55
Funds standing to the credit of Euro Pacific Bank account 19515052, together with any interest earned on that account Simon Paul Anquetil and/or Seaforth Advisory Services 16 May 2017 par 156 - "any and all of the property … held by Simon Paul Anquetil … which is not already specified in any Schedule …" as disclosed in the Affidavit of Simon Paul Anquetil sworn 25 May 2017, Annexure SPA-2, item 40; and as referred to in sch 20 of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
The balance of funds standing to the credit Australia and New Zealand Banking Group Ltd (ANZ) account 012243 182416014, held in the name of Combined Legal Holdings Pty Ltd Trust Account, which were received into that account from Plutus Payroll Australia Pty Ltd together with any money held on trust for Simon Paul Anquetil, SPA Ventures Pty Ltd and Media and Marketing Group Pty Ltd, together with any interest earned on that account Combined Legal Holdings Pty Ltd 16 May 2017, par 120, sch 74 NOTE: Part of this item is the subject of the claims by Ms Li Han which are referred to below.
Funds standing to the credit of superannuation account held with the trustee for SPA Superannuation fund, account 200410411589, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 142, sch 89
Funds standing to the credit of superannuation account held with the trustee for SPA Superannuation fund, account 200410411570, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 142, sch 89
Funds standing to the credit of superannuation account held with the trustee for Virgin Superannuation, account 1001014809, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 141, sch 88, item 2
Proceeds of sale of shares held in Apple Inc Com (NASDAQ) (AAPL) together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96 and as referred to in sch 23, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Abundant Produce Ltd (ABT), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96 and as referred to in sch 23, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 24, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 24, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 24, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 24, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 25, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 25, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 25, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil) 16 May 2017, par 151, sch 96* as referred to in sch 25, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds) 16 May 2017, par 151, sch 96* and as referred to in sch 26, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds) 16 May 2017, par 151, sch 96* and as referred to in sch 26, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds) 16 May 2017, par 151, sch 96* and as referred to in sch 26, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds) 16 May 2017, par 151, sch 96* and as referred to in sch 26, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 27, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Item 2: Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 27, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Item 3: Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 27, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 27, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich) 16 May 2017, par 151, sch 96* as referred to in sch 28, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich) 16 May 2017, par 151, sch 96* and as referred to in sch 28, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich) 16 May 2017, par 151, sch 96*and as referred to in sch 28, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich) 16 May 2017, par 151, sch 96* and as referred to in sch 28, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 29, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 29, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 29, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil) 16 May 2017, par 151, sch 96* and as referred to in sch 29, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich) 16 May 2017, par 151, sch 96* and as referred to in sch 30, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich) 16 May 2017, par 151, sch 96* and as referred to in sch 30, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich) 16 May 2017, par 151, sch 96* and as referred to in sch 30, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich) 16 May 2017, par 151, sch 96* and as referred to in sch 30, item 4, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Aguia Resources Ltd (AGR), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in AMP Limited (AMP), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Atlas Pearls and Perfumes Ltd (ATP), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Alumina Limited (AWC), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Aurizon Holdings Ltd (AZJ), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in BHP Billiton Limited (BHP), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Brambles Limited (BXB), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Commonwealth Bank (CBA), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in CSL Limited (CSL), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in CYBG plc (CYB), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Dyesol Ltd (DYE), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Greatcell Solar Ltd (GSL), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96 and as referred to in sch 31, item 12, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Iluka Resources Limited (ILU), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Kidman Resources Ltd (KDR), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Medibank Private Ltd (MPL), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Macquarie Group Ltd (MQG), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in MaxiTRANS Industries Limited (MXI), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in National Australia Bank (NAB), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Nearmap Ltd (NEA), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Oil Search Limited (OSH), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in QBE Insurance Group Ltd (QBE), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Reffind Ltd (RFN), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in ResMed Inc. (RMD), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in South32 Limited (S32), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Westpac Banking Corporation (WBC), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in Whitehaven Coal Ltd (WHC), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil 16 May 2017, par 149, sch 96
Proceeds of sale of shares held in AGL Energy Limited (AGL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 1, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Aguia Resources Ltd (AGR), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 151, sch 98 and as referred to in sch 32, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Asaleo Care Limited (AHY), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 3, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Altium Ltd (ALU), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Amcor Limited (AMC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in ANZ Banking Corporation (ANZ), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in ASX Ltd (ASX), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in BHP Billiton Limited (BHP), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in BT Investment (BTT), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Brambles Limited (BXB), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Commonwealth Bank (CBA), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in CSL Limited (CSL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Duluxgroup Limited (DLX), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 13, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Good Group - Stapled (GMG), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Insurance Australia Group Limited (IAG), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in iSentia (ISD), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in "ISCS&P500 - CDI 1:1 (IVI) [sic]", together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in AMP Capital Core Property A (AMP1015AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Aviva Investors Multi-Strategy Trgt Ret (PIM0026AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in BT Wholesale Fixed Interest (RFA0813AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in CFS Wholesale Global Credit Income (FSF0084AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Kapstream Wholesale Absolute Return Inc Fd (HOW0052AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Macquarie Diversified Fixed Interest Index (MAQ0274AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Magellan Global (MGE0001AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in MFS Fully Hedged Global Equity Trust (ETL0041AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in MFS Global Equity Trust (MIA0001AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in OC Premium Small Companies (OPS0002AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Pengana Emerging Companies (PER0270AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in RARE Infrastructure Value Hedged (TGP0008AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Resolution Capital Global Property (WHT0015AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Schroder Global Value Hedged (SCH0032AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Schroder Global Value (SCH00030AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Spire Copper Rock Blbl Smaller Companies (ETL0410AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in T.Rowe Price Global Equity (ETL0071AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Vanguard Australian Fixed Interest Index (VAN0001AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Shares held in Winston Global Alpha (MAQ0482AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Leigh Creek Energy Ltd (LCK), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 151, sch 98
Proceeds of sale of shares held in Leigh Creek Energy Ltd (Options) (LCKO), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 151, sch 98
Proceeds of sale of shares held in Macquarie Atlas Roads Group Ordinary Stapled Securities (MQA), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 39, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in National Australia Bank (NAB), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Regis Healthcare Limited (REG), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 41, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Ramsay Health Care Limited (RHC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in ResMed Inc. (RMD), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Sonic Healthcare Limited (SHL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Spark Infrastructure Group (SKI), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Transurban (TCL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Telstra Corporation Limited (TLS), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Trade Me Group Ltd (TME), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in TPG Telecom (TPM), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Tatts Group Limited (TIS), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 50, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Proceeds of sale of shares held in Vocus (VOC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Westpac Banking Corporation (WBC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Wesfarmers Limited (WES) together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 2
Proceeds of sale of shares held in Woodside Petroleum Limited (WPL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 32, item 54, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Funds standing to the credit of CASH (AUD) North Online account, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97, item 1
Funds standing to the credit of CASH (AUD) balance of settlement account, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust 16 May 2017, par 150, sch 97 and as referred to in sch 33, item 2, of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020
Funds standing to the credit of CASH (USD) CommSec International Equities account, together with any interest earned on that account Simon Paul Anquetil 16 May 2017, par 149, sch 96 and as referred to in sch 34 of the consent orders pursuant to s 316 of the POC Act signed by Simon Paul Anquetil on 28 July 2020

It follows from the making of the s 18 restraining orders referred to in the Table of Properties that, at the time the orders were made, the Court was satisfied, for the purposes of s 18(2) of the POC Act, that there were reasonable grounds to suspect that the items of property were one or more of the following: 1. specified or unspecified property of Mr Anquetil; 2. specified property of another person that was subject to the effective control of Mr Anquetil; or 3. specified property of another person that was proceeds of the offence which Mr Anquetil was suspected of having committed or an instrument of the offence.

Persons affected by the orders sought in the notice of motion

The persons affected by the orders sought in the Commissioner's notice of motion have been identified as follows: 1. Simon Paul Anquetil, Third Defendant 2. Solutions Mondiale Ltd, Thirty Sixth Defendant 3. Cheree Gabrielle Marshall, Thirty Eighth Defendant 4. Combined Legal Holdings Pty Ltd, Forty Sixth Defendant 5. Melanie Audrey Stephen, Sixty Eighth Defendant; 6. Advantage Exports Pty Ltd, First Respondent 7. Li Han, Second Respondent 8. Kanfeng Cai, Third Respondent 9. Yuanhang Zhang, Fourth Respondent 10. Ma Tian Hong, Fifth Respondent 11. Han Wang, Sixth Respondent 12. Seaforth Advisory Services, First Affected Party 13. Aaron Anquetil, Second Affected Party 14. Allessia Jade Anquetil, Third Affected Party 15. Anastasia Jane Edmunds, Fourth Affected Party 16. Camille Marie Anquetil, Fifth Affected Party 17. Emmanuel Jazz Ilich, Sixth Affected Party 18. Philippe Michel Anquetil, Seventh Affected Party 19. Janique Ilich, Eighth Affected Party 20. Minter Ellison, Liquidators for Plutus Payroll Australia Pty Ltd, Ninth Affected Party 21. Australian Securities and Investments Commission, Tenth Affected Party 22. Commonwealth of Australia, Eleventh Affected Party.
Each of the affected persons was provided with a copy of the notice of motion and the affidavit of Rebekah Radic affirmed 20 April 2021 by personal service or by email, by service on their parent in the case of children, by service on their solicitors, or, in case of deregistered companies, by service on the Australian Securities and Investments Commission in its own right and as representing the Commonwealth. Strangely, in the covering letter in each case, the recipient was informed that the motion was listed for directions on 7 May 2021 before me. In fact, the motion was listed for directions on 6 May 2021.
On 6 May 2021, the directions hearing in relation to the motion took place as part of the general directions hearings in relation to all extant applications in these proceedings. On that occasion, counsel for the Commissioner mentioned the matter on behalf of the third defendant, Mr Anquetil. It was noted that the 46th defendant, Combined Legal Holdings Pty Ltd trading as Clamenz Lawyers, had not taken an active role in the proceedings. Indeed, Combined Legal Holdings Pty Ltd sent an email on 30 April 2021 to the Australian Federal Police stating that "[f]urther to our position in these proceedings to take no active role and submit to the orders of the Court, save as to costs, we have no submissions in respect of or objection to the orders proposed by the [plaintiff]". The only affected person who had previously taken an active part in the aspect of the proceedings relating to Mr Anquetil was Ms Li Han. Counsel for the Commissioner also mentioned the matter on behalf of Ms Han's solicitor, Mr Tim Sergeant. On 6 May 2021, the motion was listed for hearing on 12 August 2021. The Court was not contacted by any affected person in relation to a listing of the motion for directions on 7 May 2021.
Apart from the Commissioner and Ms Han, no other party or affected person appeared at the hearing on 12 August 2021, nor has the Court received any applications, notices of motion or correspondence from any other party or affected person in relation to the Commissioner's notice of motion filed on 20 April 2021.
As referred to above, a form of consent orders was signed by or on behalf of many of the persons affected by the present application at about the time of Mr Anquetil's sentence hearing. This document was exhibited to Ms Radic's affidavit. Those persons indicated that they consented to the forfeiture under ss 47 and 49 of the POC Act of various items of property which are the subject of the present proceedings. In addition, that form of consent orders contained notations of undertakings by a number of the affected persons not to make any claim or take other specified action in relation to some of the items of property. Notwithstanding the signed form of consent orders, it appears that those orders were not actually made at that time or subsequently. In addition to the admissions inherent in the document, it provides some confirmation that many of the affected parties do not seek to contest the forfeiture of the items of property which are referred to in that form of orders and which are also the subject of the present application.
In all the circumstances, I am satisfied that each party and affected person was given notice of, and a reasonable opportunity to be heard in relation to, the present notice of motion.

Ms Han's position

At this point, it is necessary to deal with Ms Han's position. Her claim is in relation to an item of property which falls within item 38 in the Table of Properties and was part of the property described as item 38 in schedule 1 to the Commissioner's notice of motion. The item of property which Ms Han effectively claims should be excluded from forfeiture was described in the ledger for the trust account of Clamenz Lawyers, being the 46th defendant Combined Legal Holdings Pty Ltd, as follows: Matter Client Detail Last active Debit Credit 1829 Anquetil, Simon {4376} Aeon Ventures - Li Han 03/04/2017 -150,000.00

This $150,000 claimed by Ms Han was part of the property referred to in par 120 of the orders made by Fullerton J on 16 May 2017, which stated: "In relation to the suspect Simon Anquetil, pursuant to section 18 of the Proceeds of Crime Act 2002 (Cth), the property specified in schedule 74 of these Orders must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders."
Schedule 74 of those orders relevantly contained the following: "The balance of funds standing to the credit of Australia and New Zealand Banking Group Limited account … held in the name of Combined Legal Holdings Pty Ltd Trust Account which were received into that account from Plutus Payroll Australia Pty Ltd together with any money held on trust in that account for any of the following: … (d) Simon Paul Anquetil …"
Ms Han's position was in effect: 1. the $150,000 listed in the trust account ledger was not property of, or under the effective control of, Mr Anquetil; and 2. by her amended notice of motion filed on 16 December 2019, Ms Han had already made an application under s 29 of the POC Act that this $150,000 be excluded from the restraining order made on 16 May 2017, and, in addition, she had made applications under ss 29 and 73 of the POC Act that this property be excluded from any further restraining order or forfeiture order as sought by the Commissioner in his notice of motion filed on 10 April 2019. It can be noted that none of these applications has been heard or determined.
It was in issue, however, whether Ms Han's applications have been overtaken by events because the $150,000 had been forfeited to the Commonwealth by operation of s 92 of the POC Act, as a result of the s 18 restraining order made in respect of that property and Mr Anquetil's conviction for a serious offence, within the meaning of s 92. If Ms Han's outstanding applications have been overtaken by events, she might nonetheless seek to have the $150,000 transferred to her under s 102 of the POC Act by making an application under s 104.
Mr Latham of counsel who appeared for Ms Han, indicated that she wished to make an application under s 104, to deal with the situation if the $150,000 had already been forfeited by operation of s 92. Mr O'Mahoney of counsel, who appeared with Mr Habashy for the Commissioner, did not oppose Ms Han being given that opportunity, in the particular circumstances of the present matter. Since, however, the factual and legal issues that arise under s 102 of the POC Act are not identical to those that arise in relation to the making of a declaration under s 95 of forfeiture under s 92 of the POC Act, it was accepted by both the Commissioner and Ms Han that any s 104 application for an order under s 102 could not be heard on 12 August 2021 and the Commissioner would have to be given the opportunity to consider whether Ms Han should be examined in this regard, as well as the opportunity to file evidence.
To deal with this situation in relation to Ms Han and the $150,000 referred to above, on 12 August 2021 I made orders in the following terms: "In relation to the Notice of Motion filed by the Plaintiff on 20 April 2021, insofar as it relates to Li Han, the Notice of Motion filed by the Plaintiff on 10 April 2019 and the Amended Notice of Motion filed by Li Han on 16 December 2019, the Court orders: 1. Li Han has leave to file and serve an application under s.104 of the Proceeds of Crime Act 2002 (Cth) on or before 21 August 2021. 2. The parties have leave to approach my Associate with agreed proposed scheduling orders in relation to the Notices of Motion I have identified above and any application by Li Han under s 104 of the Proceeds of Crime Act. 3. Otherwise the three Notices of Motion referred to in the previous order are stood over for directions on 3 November 2021. 4. Liberty to the parties to apply on three days' notice."

Declaration under s 95 of the POC Act

In relation to the remainder of the property - that is, each of the 155 items of property identified by the Commissioner in his notice of motion, except for the $150,000 claimed by Ms Han being part of item 38 in the Table of Properties (the Remaining Property) - the hearing of the Commissioner's notice of motion for a declaration under s 95 of the POC Act proceeded before me on 12 August 2021. As has been noted above, there was no appearance by, or opposition from, any of the defendants or affected persons other than Ms Han.

Relevant statutory provisions

A court may, under s 95 of the POC Act, make a declaration that property has been forfeited under Pt 2-3, which includes ss 92 to 114, of the POC Act. Property is forfeited under Pt 2-3 by operation of s 92.
Before property is forfeited under s 92, the responsible authority is required by s 92A to take reasonable steps to give notice of the forfeiture to any person who has or may have an interest in the property.
Sections 92 and 92A relevantly provide: 92 Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence (1) Property is forfeited to the Commonwealth at the end of the period applying under subsection (3) if: (a) a person is convicted of a *serious offence; and (b) either: (i) at the end of that period, the property is covered by a *restraining order under section … 18 against the person that relates to the offence; or … and (c) the property is not subject to an order under section 94 excluding the property from forfeiture under this Part. (2) It does not matter whether: (a) the *restraining order was made before or after the person's conviction of the *serious offence; or (b) immediately before forfeiture, the property is the *person's property or another person's property. (3) The period at the end of which the property is forfeited is: (a) the 6 month period starting on the *conviction day; or .... … (5) A *restraining order in relation to a *related offence with which the person has been charged, or is proposed to be charged, is taken, for the purposes of this section, to be a restraining order in relation to the offence of which the person was convicted. … 92A Notice of date of forfeiture under this Part, etc. (1) The *responsible authority for the *restraining order referred to in paragraph 92(1)(b) must, before property is forfeited under this Part, take reasonable steps to give any person who has or claims, or whom the authority reasonably believes may have, an *interest in the property a written notice stating: (a) the date on which the property will be forfeited under this Part unless it is excluded from forfeiture; and … and (c) that the person may be able to apply for an order under one of the following sections in relation to the property: (i) section 29 (which deals with the exclusion of property from *restraining orders); (ii) section 94 (which deals with the exclusion of property from forfeiture); (iii) section 94A (which deals with compensation). (2) However, the *responsible authority need not give a notice to a person under subsection (1) if the person has made: … and (b) an application under section 30, 31 or 94 in relation to the property.
The evidence of Ms Radic in pars 54 to 69 of her affidavit of 20 April 2021, which I accept, establishes that the required notices under s 92A have been given. Furthermore, there has been no application under s 94 to exclude any item of the Remaining Property from forfeiture under Pt 2-3. Nor has there been any application made under s 93 of the POC Act for an extension of the period before the Remaining Property is forfeited.
Section 95 empowers the Court to declare that property has been forfeited under s 92 and, relevantly for present purposes, provides as follows: 95 Court may declare that property has been forfeited under this Part The court that made the *restraining order referred to in paragraph 92(1)(b) may declare that particular property has been forfeited under this Part if: (a) the *responsible authority applies to the court for the declaration; and (b) the court is satisfied that that property is forfeited under this Part.
In the present case, all the relevant restraining orders referred to in s 92(1)(b), which have been identified in the table above, were made by this Court. Thus, the Court's power to declare that the items of Remaining Property have been forfeited under Pt 2-3 of the POC Act will be enlivened if the requirements of each of pars (a) and (b) of s 95 are satisfied.

Section 95(a)

Section 95(a) requires that the application for a declaration under that section be made by the "responsible authority". That expression is defined in s 338 as follows: responsible authority, in relation to an application for a *principal order, or a principal order, or to an application, proceedings, function, order, power or duty related to, or arising out of, such an application or order, means: (a) in the case of an application for a principal order: (i) the *proceeds of crime authority that made the application; or (ii) if responsibility for the application has been transferred under section 315B - the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section; or (b) in the case of a principal order: (i) the proceeds of crime authority that made the application for the order; or (ii) if responsibility for that application, or the order, has been transferred under section 315B - the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section.
"Principal order" is relevantly defined in the same section as including a restraining order.
Since the applications for the restraining orders, out of which the application for a declaration of forfeiture under s 95 has arisen, were made by the Commissioner, he is the responsible authority for the purposes of the present application.
The s 95 application has been made by the Commissioner and, accordingly, the requirement in s 95(a) has been satisfied.

Section 95(b)

The requirement in s 95(b) is met if the Court is satisfied that the Remaining Property has been forfeited under Pt 2-3 - that is, relevantly under s 92 of the POC Act.

Forfeiture under s 92

By virtue of s 92(1) and (3), property is relevantly forfeited to the Commonwealth at the end of the period of six months after the "conviction day" if the following requirements are satisfied: 1. a person is convicted of a serious offence (s 92(1)(a)); 2. at the end of that period, the property is covered by a s 18 restraining order against the person that relates to the offence (92(1)(b)(i)); and 3. the property is not subject to an order under s 94 excluding the property from forfeiture under Pt 2-3 (s 92(1)(c)).

"Conviction day"

The "conviction day" for the purposes of the POC Act is relevantly defined in s 333(a) as: if the person is taken to have been convicted of the offence because of paragraph 331(1)(a) - the day on which a court passes sentence for the offence …

Section 92(1)(a) requirements

Under s 92(1)(a), there must be: 1. a person, 2. convicted, 3. of a serious offence.
In the present case, the relevant person was Mr Anquetil.
For the purposes of the POC Act, a person is relevantly taken to have been convicted of an offence if "the person is convicted, whether summarily or on indictment, of the offence": s 331(1)(a). Following pleas of guilty to all counts on the indictment before Payne J on 24 February 2020, Mr Anquetil was sentenced on 31 July 2020 in respect of the following two offences: 1. "Between about 1 March 2014 and about 18 May 2017, at Sydney, in the State of New South Wales and elsewhere, did conspire with others … with the intention of dishonestly causing a loss to a third person, namely, the Commonwealth", contrary to s 135.4(3) of the Criminal Code (Cth); and 2. "Between about 1 March 2014 and about 18 May 2017, at Sydney, in the State of New South Wales and elsewhere, did deal with money that was, and that he believed to be, proceeds of crime and at the time of the dealing the value of the money was $1,000,000 or more", contrary to s 400.3(1) of the Criminal Code.
Whether and when Mr Anquetil was convicted of those offences, within the meaning of s 331(1)(a) of the POC Act, depends on the proper construction of "convicted" in that paragraph. There is no definition of "convicted" in the POC Act. In Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46, Dawson and McHugh JJ observed at 507 as follows: "The question of what amounts to a conviction admits of no single, comprehensive answer. Indeed, the answer to the question rather depends upon the context in which it is asked. On the one hand, a verdict of guilty by a jury or a plea of guilty upon arraignment has been said to amount to a conviction. On the other hand, it has been said that there can be no conviction until there is a judgment of the court, ordinarily in the form of a sentence, following upon the verdict or plea. Thus Tindal CJ said in Burgess v Boetefeur: 'The word "conviction" is undoubtedly verbum aequivocum. It is sometimes used as meaning the verdict of a jury, and at other times, in its more strictly legal sense, for the sentence of the court.' (Emphasis added.) The context in which the question arises for present purposes is that of autrefois convict and in that context it would seem clear that a verdict or plea of guilty is insufficient of itself to constitute a conviction. That accords with the principle lying behind the plea of autrefois convict which is that a person should not be punished more than once for the same matter. The older authorities have been collected in a number of cases and no point is to be served by rehearsing them here. In R v Tonks the Victorian Full Court said: 'The review of the authorities which we have made satisfies us that a plea of guilty does not if its own force constitute a conviction. In our opinion it amounts to no more than a solemn confession of the ingredients of the crime alleged. A conviction is a determination of guilt, and a determination of guilt must be the act of the court or the arm of the court charged with deciding the guilt of the accused. It may be that even a determination of guilt will not in all cases amount to a "conviction", for the latter term may be used in a particular context as meaning not merely conviction by verdict where no judgment is given, but conviction by judgment; but there must at least be a determination of guilt before there can be a conviction. There can accordingly be no conviction on a count to which an accused pleads guilty until by some act on the part of the court it has indicated a determination of the question of guilty. And if there can be no conviction till then, neither can there be a successful plea of autrefois convict.'" (Footnotes omitted.)
In the context of the POC Act, and in particular the definition of "conviction day" in s 333(a) as "the day on which a court passes sentence for the offence", "convicted" in s 331(1)(a) should be construed as referring to when the court has passed sentence following a plea or verdict of guilty.
Thus, Mr Anquetil was convicted of the offences referred to above, within the meaning of the POC Act, when sentence was passed on 31 July 2020.
The definition of "serious offence" in s 338(1) of the POC Act includes: (a) an *indictable offence punishable by imprisonment for 3 or more years, involving: … (ii) unlawful conduct constituted by or relating to a breach of … Part 10.2 of the Criminal Code (money‑laundering); or … (iv) unlawful conduct by a person that causes, or is intended to cause, a loss to the Commonwealth or another person of at least $10,000; …
The offences of which Mr Anquetil was convicted under s 135.4(3) and s 400.3(1) of the Criminal Code carry maximum penalties of 10 years and 25 years respectively and were offences against the law of the Commonwealth that may be dealt with as indictable offences by virtue of s 4G of the Crimes Act 1914 (Cth). Thus, they were "serious offences" within the meaning of the POC Act.
On these bases, the requirements of s 92(1)(a) are satisfied.

Section 92(1)(b)(i) requirements

The requirements of s 92(1)(b)(i) are that: 1. at the end of "that period", 2. the property is covered by a restraining order under s 18, and 3. the order: 1. is against the person, and 2. relates to the offence (of which the person has been convicted).
"[T]hat period" is "the period applying under subs (3)", as identified in the chapeau to s 92(1). Subsection (3) establishes that the period is "the 6 month period starting on the *conviction day", since in the present case there was no extension order sought under s 93.
As has been explained above, Mr Anquetil was taken to have been convicted because of s 331(1)(a). Consequently, the conviction day in this case is the day on which the Court passed sentence for the two offences, namely 31 July 2020. Thus, the end of "the period applying under subs (3)" of s 92 was the end of 30 January 2021.
As at 30 January 2021, disposing or dealing with each of the items of Remaining Property was restrained by at least one of the s 18 restraining orders identified in the Table of Properties. On the ordinary meaning of "covered", in the context of s 92(1)(b)(i) of the POC Act, property is "covered by a restraining order" if the property is the subject of, and dealing with it is restrained under, such an order. On this basis, I am satisfied that each of the items of Remaining Property was covered by a restraining order for the purposes of s 92(1)(b)(i).
Those restraining orders were against Mr Anquetil in that he was the third defendant named in the proceedings in which the orders were made and his connection with the relevant orders was identified in the order itself or in the evidence upon which the order was based.
The final requirement of s 92(1)(b)(i) is that each of the s 18 restraining orders against Mr Anquetil "relates to the offence". The words "the offence" refer back to the "serious offence" of which the person was convicted in s 92(1)(a), that is, in this case, the offence contrary to s 135.4(3) and the offence contrary to s 400.3(1) of the Criminal Code.
The relevant restraining orders were made on the basis that there were reasonable grounds to suspect that Mr Anquetil had committed the serious offences identified in par 9 of Mr Burtenshaw's affidavit of 15 May 2017, which included: 1. conspiracy to defraud with the intent of dishonestly causing a loss to a Commonwealth entity, contrary to s 135.4(3) of the Criminal Code; and 2. dealing in money or property worth $100,000 or more which is reasonably suspected of being proceeds of crime, contrary to s 400.9(1) of the Criminal Code.
In these circumstances, it can be concluded that the restraining orders against Mr Anquetil were "related" to the offences contrary to ss 135.4(3) and 400.9(1) of the Criminal Code.
Mr Anquetil was convicted of the offence contrary to s 135.4(3) and the restraining orders were related to that offence for the purposes of s 92(1)(b)(i).
In addition, the offence contrary to s 400.9(1) of the Criminal Code, which Mr Anquetil was suspected of having committed and which was an additional basis for making the restraining orders, was a "related offence" of the offence contrary to s 400.3(1) of which Mr Anquetil was convicted. This follows from the fact that both offences involved the same acts or omissions and from the definition of "related offence" in s 338 of the POC Act which provides that: an offence is a related offence in relation to another offence if the physical elements of the 2 offences are: (a) substantially the same acts or omissions …
Further, by virtue of s 92(5), "a *restraining order in relation to a *related offence" is taken, for the purposes of s 92, to be a restraining order in relation to the offence of which the person was convicted. Consequently, since the restraining orders against Mr Anquetil were related to the offence contrary to s 400.9(1) and the offence for which Mr Anquetil was convicted was a related offence of that offence, the restraining orders are taken to be related to the offence contrary to s 400.3(1) of which Mr Anquetil was convicted.
In these ways, the requirements of s 92(1)(b)(i) are satisfied in the present case.

Section 92(1)(c) requirement

As has been noted above, there has been no application, and thus no order made, under s 94 of the POC Act for any of the Remaining Property to be excluded from forfeiture under Pt 2-3. Consequently, the requirement in s 92(1)(c) has been satisfied.

An additional observation

It can be observed here that the provisions of the POC Act in relation to restraining orders under s 18 and their consequences do not require, as a pre-condition of forfeiture under s 92, that the responsible authority establish at any point before forfeiture that the property to be forfeited was, in fact, the property of the person who was convicted of the serious offence or property under his or her effective control or otherwise relevantly connected with the person. All that is required in this regard is that the court which makes the s 18 restraining order was satisfied that there were reasonable grounds to suspect that that property had one or more of the types of connection with the person or the offence listed in s 18(2) and no exclusion orders or other relevant order had been made in relation to the property.

Conclusion on forfeiture under s 95(b)

For the reasons set out above, all of the applicable requirements in s 92(1) of the POC Act have been satisfied in this case so that, by operation of that section, the Remaining Property was forfeited to the Commonwealth at the end of 30 January 2021.
Thus, the requirement in s 95(b) has been met.

Exercise of discretion whether to make the declaration under s 95

For the reasons given above, I am of the view that all the relevant requirements under s 95(a) and (b) have been satisfied in respect of the Remaining Property. Consequently, it is necessary to consider whether the Court should make the declaration sought.
Section 95 provides that if the Court is satisfied of the matters in pars (a) and (b) of that section, the Court "may" declare that particular property has been forfeited under Pt 2-3, that is, under s 92. The use of "may" indicates that the Court has a discretion whether or not to make the declaration.
Although forfeiture under s 92 is effected by operation of the statute and does not depend upon a court making a forfeiture order, there will generally be utility in the Court making a declaration under s 95 in order to record formally the fact and time of forfeiture of the property. Such a declaration, supported by the other provisions of Pt 2-3 of the POC Act, establishes authoritatively the legal and equitable ownership of the property for all persons who may previously have had or claimed an interest in the property and for all persons who are considering dealing with or acquiring an interest in the property. Absent such a declaration, it would be open to persons to contest whether the requirements in s 92 had been satisfied and there could be significant uncertainty as to whether items of property had in fact been forfeited and when.
A declaration under s 95 also serves the useful function of: 1. facilitating the registration of property, the title to which is passed by registration on a register kept under the law of the Commonwealth or of a State or Territory, including in this case the items of real property located in Australia included in the Remaining Property; and 2. facilitating dealing with forfeited property located outside the Commonwealth. In this regard, it can be noted that a declaration under s 95 is an "Australian forfeiture order", as defined in s 3(1) of the Mutual Assistance in Criminal Matters Act 1987 (Cth) (MACM Act). As a result, Australia may request an appropriate authority of a foreign country to make arrangements for the enforcement of a s 95 declaration, under s 32 of the MACM Act. This consideration has application in this case, for example, in relation to item 5 in the Table of Properties which is real property located in the state of Nevada in the United States of America.
Finally, there does not appear to me to be any substantial prejudice to any person if a declaration is made under s 95. If, for any reason, a person wishes to contend in effect that a particular item of property was not, or should not have been, forfeited under s 92 and a declaration under s 95 should not have been made in respect of that property, there are safeguards in the POC Act to protect such a person's position, even if a s 95 declaration is made. These safeguards include applications that may, in some cases with leave, be made: 1. under s 94A of the POC Act for compensation for a proportion of property forfeited to the Commonwealth in which a person has an interest that was not derived or realised from the commission of any offence; 2. under s 104 of the POC Act for orders under s 102, if the requirements in s 102(b)(i), (ii) and (iii) are satisfied, declaring that a person has an interest in certain property and directing the Commonwealth to transfer the interest or pay an amount equal to its value.
In all the circumstances, I am of the view that a declaration under s 95 of the POC Act should be made in respect of the Remaining Property.

Conclusion and orders

For all of these reasons: 1. Pursuant to s 95 of the Proceeds of Crime Act 2002 (Cth), the Court declares that each item of property set out in the schedule to these orders was forfeited to the Commonwealth at the end of 30 January 2021, by operation of s 92(1) of the Proceeds of Crime Act. 2. The Court directs that these orders be entered forthwith. SCHEDULE TO ORDERS Item Property Description Ownership prior to forfeiture
Real Property located at 3/1 Harbourview Crescent, Lavender Bay, New South Wales being Lot 3 on Strata Plan 19172 Simon Paul Anquetil
Proceeds of the sale of real property located at 1310/38-42 Bridge Street, Sydney being Lot 99 in Strata Plan 57860 Simon Paul Anquetil
Real property located at 2/14 Kings Cross Road, Potts Point, New South Wales, being Lot 75 in Strata Plan 81470 and Lot 9 in Strata Plan 79156 Anquetil Super Pty Ltd (Deregistered)
Real property located at 12 Gamboge Avenue, Karnup, Western Australia being Title Reference 2866-631 SPA Ventures Pty Ltd (Deregistered)
Real property located at Apartment 2211, 2700 S Las Vegas Boulevard, Las Vegas, Nevada, 89109, United States of America Simon Paul Anquetil
Infinity QX70 (VIN JN1TDNS51A0370037), registration number SYD9EY (NSW) Simon Paul Anquetil
Infinity Q60 (VIN JN12CAV36A0170020), registration number 5YDNEY (NSW) Simon Paul Anquetil
2016 Infiniti QX30 motor vehicle, VIN: SJKDCNH15A1013512, Registration number LAN13M (NSW) Melanie Audrey Stephen
Silver Breitling brand A45310 white face wrist watch Simon Paul Anquetil
Men's Breitling watch silver dark face A13340 on back Simon Paul Anquetil
Harpejji K24 Musical instrument S/N 00101, and power cords for Harpejji K24 musical instrument Simon Paul Anquetil
Tag Heuer Carrera watch silver in colour serial CAR2110-4 RUR7108 Simon Paul Anquetil
Funds standing to the credit of Commonwealth Bank of Australia (CBA) account 062004-10418051, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of CBA account 716718504172, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of CBA account 062000 16645766, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of CBA account 062000 16645790, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of ING Group (ING) account 13965227, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of ING account 34924693, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of National Australia Bank (NAB) account 083832163176422, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of CBA account 062004 10419716, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust
Funds standing to the credit of CBA account 062004 10417809, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust
Funds standing to the credit of CBA account 062004 10423264, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust
Funds standing to the credit of CBA account 062000 50794810, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust
Funds standing to the credit of CBA account 062000 50805217 (or any holding or other account the funds may have been transferred to following maturity of the CBA Term Deposit), together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) as Trustee for the SPA Ventures Trust
Funds standing to the credit of CBA account 200910845922, held in the name of Tech Pilot Fund Pty Ltd, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered)
Funds standing to the credit of CBA account 200910845914, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered)
Funds standing to the credit of CBA account 062004 50106490, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered)
Funds standing to the credit of CBA account 062004 50111919, together with any interest earned on that account Tech Pilot Fund Pty Ltd (Deregistered)
Funds standing to the credit of CBA account 232210444745, together with any interest earned on that account Media & Marketing Pty Ltd (Deregistered)
Funds standing to the credit of CBA account 232210422001, together with any interest earned on that account Media & Marketing Pty Ltd (Deregistered)
Funds standing to the credit of CBA account 062005 11368647, together with any interest earned on that account Good Shift Co-working Pty Ltd (Deregistered)
Funds standing to the credit of Valbury Capital Ltd account number VC0000052, together with any interest earned on that account SPA Ventures Trust
Funds standing to the credit of Valbury Capital Ltd, account number VCTJA58, together with any interest earned on that account SPA Ventures Trust
Funds standing to the credit of C.I.M Banque account CH1708822106613195001, together with any interest earned on that account Solutions Mondiale Ltd
Funds standing to the credit of CBA account 200410417817, together with any interest earned on that account Aeon Venture Holdings Pty Ltd (Deregistered)
Funds standing to the credit of St George account 487105090, together with any interest earned on that account Simon Paul Anquetil and Cheree Gabrielle Marshall
Funds standing to the credit of Euro Pacific Bank account 19515052, together with any interest earned on that account Simon Paul Anquetil and/or Seaforth Advisory Services
The balance of funds standing to the credit Australia and New Zealand Banking Group Ltd (ANZ) account 012243 182416014, held in the name of Combined Legal Holdings Pty Ltd Trust Account, which were received into that account from Plutus Payroll Australia Pty Ltd together with any money held on trust for Simon Paul Anquetil, SPA Ventures Pty Ltd and Media and Marketing Group Pty Ltd, together with any interest earned on that account, excluding $150,000 held in relation to matter 1829 concerning "Aeon Ventures - Li Han" Combined Legal Holdings Pty Ltd
Funds standing to the credit of superannuation account held with the trustee for SPA Superannuation fund, account 200410411589, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of superannuation account held with the trustee for SPA Superannuation fund, account 200410411570, together with any interest earned on that account Simon Paul Anquetil
Funds standing to the credit of superannuation account held with the trustee for Virgin Superannuation, account 1001014809, together with any interest earned on that account Simon Paul Anquetil
Proceeds of sale of shares held in Apple Inc Com (NASDAQ) (AAPL) together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Abundant Produce Ltd (ABT), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil)
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil)
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Aaron Anquetil)
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil)
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil)
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Allessia Jade Anquetil)
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds)
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds)
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Anastasia Jane Edmunds)
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil)
Item 2: Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil)
Item 3: Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Camille Marie Anquetil)
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich)
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich)
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Emmanuel Jazz Ilich)
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil)
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil)
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Philippe Michel Anquetil)
Shares held in Acorn Cap Inv Fund (ACQ), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich)
Shares held in Australian Foundation Investments (AFI), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich)
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich)
Shares held in WAM Leaders Limited (WLE), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil (for Janique Ilich)
Proceeds of sale of shares held in Aguia Resources Ltd (AGR), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in AMP Limited (AMP), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Atlas Pearls and Perfumes Ltd (ATP), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Alumina Limited (AWC), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Aurizon Holdings Ltd (AZJ), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in BHP Billiton Limited (BHP), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Brambles Limited (BXB), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Commonwealth Bank (CBA), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in CSL Limited (CSL), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in CYBG plc (CYB), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Dyesol Ltd (DYE), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Greatcell Solar Ltd (GSL), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Iluka Resources Limited (ILU), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Kidman Resources Ltd (KDR), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Shares held in Leigh Creek Energy Ltd (LCK), together with any dividends or other benefits in respect of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Medibank Private Ltd (MPL), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Macquarie Group Ltd (MQG), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in MaxiTRANS Industries Limited (MXI), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in National Australia Bank (NAB), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Nearmap Ltd (NEA), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Oil Search Limited (OSH), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in QBE Insurance Group Ltd (QBE), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Reffind Ltd (RFN), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in ResMed Inc. (RMD), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in South32 Limited (S32), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Westpac Banking Corporation (WBC), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in Whitehaven Coal Ltd (WHC), together with any interest earned on the proceeds of that shareholding Simon Paul Anquetil
Proceeds of sale of shares held in AGL Energy Limited (AGL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Aguia Resources Ltd (AGR), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Asaleo Care Limited (AHY), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Altium Ltd (ALU), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Amcor Limited (AMC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in ANZ Banking Corporation (ANZ), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in ASX Ltd (ASX), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in BHP Billiton Limited (BHP), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in BT Investment (BTT), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Brambles Limited (BXB), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Commonwealth Bank (CBA), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in CSL Limited (CSL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Duluxgroup Limited (DLX), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Good Group - Stapled (GMG), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Insurance Australia Group Limited (IAG), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in iSentia (ISD), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in "ISCS&P500 - CDI 1:1 (IVV)", together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in AMP Capital Core Property A (AMP1015AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Aviva Investors Multi-Strategy Trgt Ret (PIM0026AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in BT Wholesale Fixed Interest (RFA0813AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in CFS Wholesale Global Credit Income (FSF0084AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Kapstream Wholesale Absolute Return Inc Fd (HOW0052AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Macquarie Diversified Fixed Interest Index (MAQ0274AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Magellan Global (MGE0001AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in MFS Fully Hedged Global Equity Trust (ETL0041AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in MFS Global Equity Trust (MIA0001AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in OC Premium Small Companies (OPS0002AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Pengana Emerging Companies (PER0270AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in RARE Infrastructure Value Hedged (TGP0008AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Resolution Capital Global Property (WHT0015AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Schroder Global Value Hedged (SCH0032AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Schroder Global Value (SCH00030AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Spire Copper Rock Blbl Smaller Companies (ETL0410AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in T.Rowe Price Global Equity (ETL0071AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Vanguard Australian Fixed Interest Index (VAN0001AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Shares held in Winston Global Alpha (MAQ0482AU), together with any dividends or other benefits in respect of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Leigh Creek Energy Ltd (LCK), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Leigh Creek Energy Ltd (Options) (LCKO), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Macquarie Atlas Roads Group Ordinary Stapled Securities (MQA), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in National Australia Bank (NAB), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Regis Healthcare Limited (REG), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Ramsay Health Care Limited (RHC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in ResMed Inc. (RMD), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Sonic Healthcare Limited (SHL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Spark Infrastructure Group (SKI), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Transurban (TCL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Telstra Corporation Limited (TLS), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Trade Me Group Ltd (TME), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in TPG Telecom (TPM), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Tatts Group Limited (TIS), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Vocus (VOC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Westpac Banking Corporation (WBC), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Wesfarmers Limited (WES) together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Proceeds of sale of shares held in Woodside Petroleum Limited (WPL), together with any interest earned on the proceeds of that shareholding SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Funds standing to the credit of CASH (AUD) North Online account, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Funds standing to the credit of CASH (AUD) balance of settlement account, together with any interest earned on that account SPA Ventures Pty Ltd (Deregistered) ATF SPA Ventures Trust
Funds standing to the credit of CASH (USD) CommSec International Equities account, together with any interest earned on that account Simon Paul Anquetil

Amendments 06 September 2021 - Date amended under the Slip Rule. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 06 September 2021

The Commissioner of the Australian Federal Police v Cranston

At a glance

Court

Decision date

Before

Source

Judgment (22 paragraphs)

Parties

Legislation Cited (3)

Cases Cited (3)