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Cth DPP v Hart[2004] QDC 121

Cth DPP v Hart[2004] QDC 121

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Editorial Notes

  • Published Case Name:

    Cth DPP v Hart & Ors

  • Shortened Case Name:

    Cth DPP v Hart

  • MNC:

    [2004] QDC 121

  • Court:

    QDC

  • Judge(s):

    Judge Brabazon QC

  • Date:

    14 May 2004

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC No 1416 of 200308 May 2003Commonwealth Director of Public Prosecutions' ("CDPP") applied for ex parte restraining orders against property of the defendant pursuant to s 17 of the Commonwealth Proceeds of Crime Act (2002) (Cth) ("POCA"); restraining order granted
Primary Judgment[2004] QDC 12114 May 2004Defendant applied, pursuant to orders made in [2003] QCA 495, to vary restraining order made on 8 May 2003; application dismissed: Brabazon QC DCJ
Primary JudgmentDC No 1366 of 2005 (no citation)25 May 2005Defendant convicted by a jury of nine counts of defrauding the Commonwealth in breach of s 29D of the Crimes Act 1914 (Cth) and one count of dishonest application of money, or fraud, contrary to s 408C(1)(b) of the Criminal Code 1899 (Qld); sentenced to seven years' imprisonment
Primary Judgment[2007] QDC 2605 Mar 2007Defendant applied to strike out part of CDPP's claim seeking pecuniary penalty orders under POCA; application granted: Brabazon QC DCJ
Primary Judgment[2010] QDC 45730 Nov 2010CDPP applied for pecuniary penalty orders under Pt 2-4 POCA against the defendant; pecuniary penalty proceedings successful and defendant ordered to pay the CDPP $14,757,287.34: Andrews SC DCJ
Primary Judgment[2011] HCATrans 4807 Mar 2011Defendant commenced proceedings in the High Court by way of summons seeking to clarify when the offence of fraud is perfected in relation to taxation offences; proceeding remitted to Court of Appeal to be heard with [2011] QCA 351: Gummow J
Appeal Determined (QCA)[2003] QCA 495 [2004] 2 Qd R 111 Nov 2003Defendant applied for leave to appeal against refusal to vary to the restraining order made on 8 May 2003; leave granted, appeal allowed and proceeding remitted to District Court for reconsideration: M McMurdo P, McPherson JA and Wilson J
Appeal Determined (QCA)[2005] QCA 51 [2005] 2 Qd R 24604 Mar 2005Defendant appealed against [2004] QDC 121; appeal dismissed with costs: McPherson and Williams JJA and Chesterman J
Appeal Determined (QCA)[2006] QCA 3924 Feb 2006Defendant applied for leave to appeal sentences imposed on 25 May 2005; CDPP cross-appealed against sentences contending manifest inadequacy; appeals dismissed: M McMurdo P, Jerrard JA and Atkinson J
Appeal Determined (QCA)[2007] QCA 184 [2008] 2 Qd R 10601 Jun 2007CDPP applied for leave to appeal against [2007] QDC 26; leave granted, appeal allowed, orders below set aside with costs: Williams and Keane JJA and Philippides J
Appeal Determined (QCA)[2011] QCA 17626 Jul 2011Defendant applied for leave to amend his notice of appeal day before substantive hearing; application refused: M McMurdo P, Muir and White JJA
Appeal Determined (QCA)[2011] QCA 351 (2012) 285 ALR 340; [2012] 2 Qd R 20306 Dec 2011Defendant appealed against [2010] QDC 457; defendant also brought separate proceeding remitted to the Court of Appeal by orders made in [2011] HCATrans 48; appeal dismissed and remitter dismissed: M McMurdo P, Muir and White JJA
Special Leave Refused (HCA)[2005] HCATrans 78830 Sep 2005Defendant applied for special leave to appeal against [2005] QCA 51; application dismissed: Gummow and Heydon JJ
Special Leave Refused (HCA)[2006] HCATrans 34521 Jun 2006Defendant applied for special leave to appeal against [2006] QCA 39; application refused: Kirby, Hayne and Heydon JJ
Special Leave Refused (HCA)[2007] HCATrans 69416 Nov 2007Defendant applied for special leave to appeal against [2007] QCA 184; application dismissed: Gummow and Heydon JJ
Special Leave Refused (HCA)[2012] HCATrans 14008 Jun 2012Defendant applied for special leave to appeal against [2011] QCA 351; application refused: French CJ and Heydon J

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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