Clevemere Pty Ltd v State of Queensland

Clevemere Pty Ltd, an Australian company, sought to recover funds held in a solicitor’s trust account, contending they were owed under a deed of charge. The State of Queensland opposed the application, arguing the deed was void and the applicant could not establish a proprietary interest in the funds. The matter was heard by the Supreme Court of Queensland, where the central issue was whether Clevemere could demonstrate a sufficient proprietary interest in the funds to warrant a confiscation or forfeiture order under the Criminal Proceeds Confiscation Act 2002 (Q).

The court needed to determine whether Clevemere had met the burden of proof required under sections 49 or 65 of the Act. Specifically, it had to assess whether the applicant could establish on a balance of probabilities that it held a proprietary interest in the contested funds. Additionally, the court had to consider the impact of the restraining order placed on the funds, which complicated the applicant's claim.

In its ruling, the court found that the deed of charge was void, meaning Clevemere could not substantiate its claim of a proprietary interest in the funds. Consequently, the applicant was unable to meet the statutory requirements for a confiscation or forfeiture order. The court held that the onus of proof was not discharged by Clevemere, resulting in the dismissal of the application.

The court ordered that the application for relief as outlined in paragraphs 13, 14, and 15 of the amended originating application filed on 1 May 2003 be refused.