ON 16 DECEMBER 2014, the High Court of Australia delivered Henderson v Queensland  HCA 52 (10 December 2014).
The appellant had made an unsuccessful application to the Supreme Court of Queensland seeking an order that cash to the value of $598,325 be excluded from forfeiture under Criminal Proceeds Confiscation Act 2002 (Q). The cash was the proceeds of the sale of jewellery given the appellant by his now deceased father.
The High Court dismissed an appeal, holding that the appellant had failed to discharge an onus under the Act to satisfy Supreme Court that it was more probable than not that the jewellery was not illegally acquired by his father.
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