Henke v Commonwealth Director of Public Prosecutions & Ors

Henke v Commonwealth Director of Public Prosecutions & Ors concerned an application for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The applicant, Mr Henke, sought to challenge the validity of certain provisions of the *Proceeds of Crime Act 2002* (Cth) and the application of those provisions to him. The core of the dispute involved whether the Commonwealth Director of Public Prosecutions and other respondents had acted lawfully in pursuing forfeiture proceedings against Mr Henke's assets.

The High Court was required to determine, primarily, whether the Full Federal Court had erred in its interpretation and application of sections 165 and 167 of the *Proceeds of Crime Act 2002* (Cth). These sections relate to the circumstances in which a court may make a forfeiture order and the conditions precedent to such orders. A further issue was whether the Full Federal Court had correctly considered the principles of *res judicata* and issue estoppel in relation to prior proceedings involving Mr Henke and the Commonwealth.

Crennan J, in dismissing the application for leave to appeal, found that the Full Federal Court had not made any error of law. His Honour considered that the Full Federal Court had correctly interpreted the relevant provisions of the *Proceeds of Crime Act 2002* (Cth), concluding that the statutory preconditions for forfeiture orders had been met. Furthermore, Crennan J held that the Full Federal Court had appropriately applied the principles of *res judicata* and issue estoppel, finding that the prior proceedings did not preclude the Commonwealth from pursuing the forfeiture of Mr Henke's assets in the manner it had.

Leave to appeal was therefore refused.