The Resurgence of the Kable principle : International Finance Trust Company

The paper considers the development of the Kable principle. In particular, it considers the High Court of Australia's judgment in International Finance Trust Company, which is only the second case where the Kable principle was applied by the High Court to invalidate State legislation. The case itself concerned the Criminal Assets Recovery Act which allowed the New South Wales Crime Commission to apply on an ex parte basis to the Supreme Court of New South Wales to seek a freezing order over the property of individuals. The legislation required the Supreme Court to grant an order on the basis of a suspicion held by the Crime Commission.22 page(s