The ordinary inconvenience and disruption inevitably incurred through compulsory forfeiture of a family home under the Proceeds of Crime Act 2002 (Cth) does not, without more, constitute 'hardship' for the purposes of s 72 of the Act. A party who does not assert a remedial constructive trust claim at trial cannot raise it for the first time on appeal, even where the evidence at trial may have been capable of supporting such a claim. Fresh evidence of a pre-existing medical condition that was known to the party but not formally diagnosed will not satisfy the reasonable diligence requirement for admission on appeal.
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