Proceeds of Crime: The Commissioner of the Australian Federal Police v Higgins

In a case heard by the NSW Supreme Court, Melissa Higgins sought orders for certain property to be excluded from forfeiture as proceeds of crime. By way of background, as provided by the Court, Ms Higgins was the sole director and shareholder of a childcare service which one of the companies were the subject of a proceeds of crime order, Aussie Giggles Pty Ltd (operating from Albury, NSW). The Australian Federal Police conducted an investigation into the service's claims for child care benefit. Ms Higgins was subsequently convicted of offences under section 134.1(1) Criminal Code Act, of having obtained property by deception and under section 135.1(1), of having dishonestly intended to obtain a gain, as well as offences under section 400.3, of dealing in the proceeds of crime. Various property belonging to Ms Higgins, including real property and a motor vehicle, as well as that of certain companies was the subject of a proceeds of crime order. The offences with which she was convicted appear related to payments totalling some $2.8 million made to Aussie Giggles Pty Ltd. Ms Higgins is currently in custody serving the sentences imposed by the District Court and is considering appealing against those sentences, but no appeal has as yet been lodged.

In this case the Court rejected Ms Higgins' application to have the proceeds of crime order reversed or certain property excluded, which had become vested in the Crown (Commonwealth Government) on 25 February 2018.