Commissioner of Police v Hayward

The Commissioner of Police sought asset and profit forfeiture orders against Mr Hayward under the Criminal Proceeds (Recovery) Act 2009. Mr Hayward opposed the application. Mrs Hayward and Mr Finlayson sought relief from the orders. The Court was required to determine whether Mr Hayward had unlawfully benefited from his significant criminal activity, and if so, whether the asset and profit forfeiture orders were appropriate. If so, the Court had to consider whether Mrs Hayward and Mr Finlayson were entitled to relief. The Court found Mr Hayward unlawfully benefited from his significant criminal activity by approximately $397,540. The asset and profit forfeiture orders were appropriate. The Court ordered that the Ducati, commemorative coins and cash be forfeited to the Crown. The maximum recoverable amount was $382,259. The Archibald Road property was to be realised to meet the maximum recoverable amount. Mrs Hayward was entitled to relief in the sum of $52,000. The Court declined Mr Hayward’s application for relief. Costs were awarded to the Commissioner on a 2B basis against Mr Hayward. Leave was reserved to apply further in the event of any issues arising out of implementation of the order.