The Director of Public Prosecutions for Western Australia v Mansfield

The case involved an application by the Director of Public Prosecutions (DPP) for the confiscation of property under the Criminal Property Confiscation Act 2000 (WA) against Nigel Cunningham Mansfield and his wife Rosalind Jane Mansfield. The Supreme Court of Western Australia heard three applications: the first by the DPP to set aside an order providing for the reasonable living and business expenses of the Mansfields, the second by Mr. Mansfield to vary the freezing order to authorize the release of $47,688.07 to Citibank Pty Ltd, and the third by Mrs. Mansfield to set aside the freezing order in relation to certain property and to vary the order to provide for reasonable living and business expenses.

The court rejected the DPP's application to set aside the order for reasonable living and business expenses, finding that the delays in prosecution did not constitute a change in circumstances justifying the revocation of the consent order. Regarding the second application, the court allowed the release of $6574.06 to Citibank Pty Ltd, finding that the items allowed constituted reasonable living and business expenses. The court denied the release of joint interests in real property without the obligation to pay mortgage arrears, as the specific provisions of the Act precluded such an order. Lastly, the court ordered a mediation to review the quantum of expenses allowed, with directions for the parties to attend and the possibility of further proceedings if necessary.

The final orders included the allowance for reasonable living and business expenses to continue without variation concerning mortgage payments, the release of joint interests in real property not subject to payment of mortgage arrears, and the initiation of a mediation process to review the quantum of living and business expenses allowed.