Section 30 of the Criminal Proceeds Confiscation Act 2002 (Qld), which mandated that the Supreme Court hear applications for restraining orders in the absence of affected parties, is constitutionally invalid. Applications for restraining orders without notice under the Act must be dealt with as ordinary ex parte applications, with the judge retaining control over the proceedings and the ability to mould interim orders to protect the rights of all parties. The remainder of the Act operates effectively without s 30.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
2 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.