order for examination of third parties regarding defendant's property
Quick Take
1Settlement discussions between the parties are an insufficient basis for delay of over three years in applying for compulsory examination orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW); a defendant is entitled to efficient and timely progress of proceedings to determine whether assets should be released from restraint.
2Delay in making an application for compulsory examination and any resulting prejudice is a relevant but not determinative consideration in the exercise of the court's discretion under s 12 of the Criminal Assets Recovery Act 1990 (NSW); the discretion must be exercised having regard to the objects of the Act and the overriding purpose in s 56(1) of the Civil Procedure Act 2005 (NSW).
3Where delay is established but the court is satisfied that an agreed timetable will ensure expeditious resolution of the substantive proceedings, examination orders may still be granted.
