Where an accused pays the entire purchase price for property that is registered jointly in the names of the accused and a third party, the third party is taken to have acquired their interest 'indirectly' from the accused under s 22A(1)(c) of the Confiscation Act 1997 (Vic), and must demonstrate sufficient consideration to succeed in an exclusion application. The accused need not have had a prior interest in the property. Whether non-financial contributions can constitute 'sufficient consideration' and whether partial exclusion is available where the applicant made a partial financial contribution remain open questions.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.