In the case Commissioner of the Australian Federal Police v Alex [2024] QSC 59, the Supreme Court of Queensland was tasked with adjudicating a complex matter concerning the Proceeds of Crime Act 2002 (Cth). City Nominees Pty Ltd, an interested party applicant, sought to vary existing orders to enable the refinancing of real property currently under the control of the Official Trustee in Bankruptcy. The variation was purportedly to prevent the dissipation or to preserve the value of the controlled property. The Court, led by Kelly J, ultimately decided in favour of modifying the orders to facilitate reconsideration of refinancing proposals by the Official Trustee, provided they were deemed appropriate to preserve property value. Significantly, the case underscored the importance of legal proceedings in defining the powers and responsibilities of trustees in bankruptcy within the context of controlled property. Furthermore, after a series of legal manoeuvres—including the withdrawal of allegations of wrongdoing by Nominees against the Official Trustee—the court ordered City Nominees Pty Ltd to bear the costs incurred by both the applicant and the Official Trustee, underscoring the consequences of altering legal claims mid-proceedings. This decision illustrates the court's discretion in cost awards and highlights the procedural intricacies inherent in cases involving financial crimes and property control.
Commissioner of the Australian Federal Police v Alex [2024] QSC 59
Updated: Apr 16, 2024