Cth DPP v. Hart & Ors

The Commonwealth Director of Public Prosecutions brought proceedings against a number of respondents, seeking orders that property owned by the respondents be forfeited to the Commonwealth. The respondents argued that the proceedings were statute-barred. The High Court heard the case on appeal from the Full Court of the Federal Court of Australia. The central legal issue was whether the Commonwealth's right to seek the forfeiture of property under the Criminal Code Act 1995 (Cth) was subject to a limitation period, and if so, when that limitation period began. The court found that the limitation period was not engaged until the property was covered by a restraining order under section 537D of the Criminal Code Act. Until that point, the Commonwealth's right to seek forfeiture was not limited by time. As the respondents' property was not covered by a restraining order at the time the Commonwealth brought proceedings, the limitation period had not expired. The court accordingly allowed the application for orders forfeiting the respondents' property to the Commonwealth. The court further noted that the fact that the respondents had been acquitted of criminal charges did not preclude the Commonwealth from seeking the forfeiture of the property.