Lester v The Queen

The case of *Lester v The Queen* concerned an appeal to the Full Court of the Federal Court of Australia. The appellant, Lester, had been convicted of offences under the *Proceeds of Crime Act 2002* (Cth) and the *Criminal Code Act 1995* (Cth). The dispute centred on the validity of a restraining order made against Lester's property, which he argued was improperly made and constituted an unlawful interference with his rights.

The primary legal issue before the Full Court was whether the restraining order, which had been made ex parte, was validly issued and maintained. Specifically, the Court had to consider whether the requirements of the *Proceeds of Crime Act 2002* regarding the grounds for making such an order had been met, and whether the subsequent confirmation of the order by a single judge was legally sound. The Court also considered whether the order had been made in circumstances that were oppressive or an abuse of process.

Gummow and Bell JJ reasoned that the statutory preconditions for the making of an ex parte restraining order under the *Proceeds of Crime Act 2002* had not been satisfied. Their Honours found that the affidavit evidence before the issuing officer did not establish a sufficient basis to believe that the property in question was likely to be realised as a result of an offence. Consequently, the order was vitiated from its inception. The Court applied the principles of statutory interpretation, emphasising the importance of adhering to the specific requirements laid down by Parliament for the exercise of such significant powers.

The appeal was allowed, and the restraining order was set aside.