Director of Public Prosecutions for Western Australia v Mansfield

Director of Public Prosecutions for Western Australia brought proceedings under the Criminal Property Confiscation Act 2000 (WA) against Mansfield, alleging that he had acquired criminal benefits as a result of alleged offences under the Corporations Law (WA) and the Corporations Act 2001 (Cth). Mansfield sought to have the proceedings struck out on various grounds, including that the Director did not have the power to bring the proceedings and that the Act was invalid for reasons of extraterritoriality and inconsistency with Commonwealth law. Le Miere J held that the Director's power to bring proceedings was not clearly untenable, and that the Act was at least arguably not extraterritorial and not inconsistent with Commonwealth law. The Court struck out certain paragraphs of the Director's amended statement of claim and dismissed the other applications.