Johnstone v Director of Public Prosecutions

The High Court of Australia considered an appeal by Mr. Johnstone against a decision of the Director of Public Prosecutions. The dispute concerned the interpretation and application of provisions within the *Proceeds of Crime Act 2002* (Cth) relating to the forfeiture of assets.

The central legal issue before the High Court was whether the Director of Public Prosecutions had the power to seek a forfeiture order against property that had been acquired by Mr. Johnstone prior to the commencement of the relevant provisions of the *Proceeds of Crime Act 2002*. Specifically, the court had to determine if the Act had retrospective operation in relation to the acquisition of property.

The High Court reasoned that the *Proceeds of Crime Act 2002* was intended to apply prospectively, meaning it would only affect property acquired after its commencement. The court emphasised that legislation should not be presumed to operate retrospectively unless there is a clear and unambiguous intention expressed within the statute itself. Applying this principle, the court found that the Act did not grant the Director the power to seek forfeiture of property acquired before the Act came into force.

Consequently, the High Court allowed Mr. Johnstone's appeal and set aside the forfeiture order.