Ruhani v Director of Police (through the secretary of Justice as Director of Public Prosecutions)

The High Court of Australia considered an appeal by Ruhani against a decision of the Director of Police (represented by the Director of Public Prosecutions). The dispute concerned the validity of a notice issued under section 15 of the *Proceeds of Crime Act 1987* (Cth) (the Act).

The central legal issue before the High Court was whether the notice issued under section 15 of the Act was a valid exercise of the Director's power, specifically in relation to the requirement that the notice be given to the person concerned. The Court also had to determine the consequences of any invalidity of such a notice.

The Court reasoned that section 15 of the Act required the Director to give notice to the person concerned. This was a mandatory procedural requirement. The Court found that the notice in question had not been properly given to Ruhani, as required by the Act. Consequently, the notice was invalid. The Court applied the principle that statutory powers must be exercised in accordance with the prescribed procedures, and failure to do so renders the exercise of that power invalid.

The High Court allowed the appeal and ordered that the notice issued under section 15 of the *Proceeds of Crime Act 1987* (Cth) be quashed.