New South Wales Crime Commission v Kelly (No 2)

In the case of New South Wales Crime Commission v Kelly (No 2), the court was tasked with considering an application for the assessment of criminal assets recovery by the New South Wales Crime Commission against Kelly. The application followed a judgment which determined that Kelly held a significant portion of assets that were derived from criminal conduct. The High Court of Australia was the judicial body that examined the case.

The primary legal issues the court needed to address involved the application of the Commonwealth's Criminal Asset Recovery Act 1990. The court had to determine the appropriate assessment of assets and whether Kelly's claim of hardship should be considered as a mitigating factor in the recovery process. Specifically, the court needed to balance the need for criminal asset recovery against the potential for undue hardship to the individual and their dependents.

In its judgment, the court meticulously examined the principles of criminal asset recovery, emphasising the importance of deterring criminal activity by targeting the financial gains from such conduct. The court recognised that while the primary goal was to recover assets, it was also essential to consider the impact on innocent parties. The court assessed the evidence presented regarding Kelly's financial situation and the potential for hardship to his dependents. Ultimately, the court ruled that the application for criminal asset recovery should proceed, but it directed that the assessment of assets and the potential for hardship be revisited in a lower court to ensure a fair and balanced approach.