Read v Namoa (No 2) [2021] FCA 1565

Federal Court of Australia Read v Namoa (No 2) [2021] FCA 1565 File number: NSD 1195 of 2021

Judgment of: BURLEY J

Date of judgment: 2 December 2021

Catchwords: CRIMINAL LAW – control orders – application for confirmation of interim control order pursuant to s 104.14(7)(c) of the Criminal Code in the Schedule to the Criminal Code Act 1995 (Cth) – where respondent and her legal representatives appeared at the hearing and did not oppose the making of confirmation order – where statutory preconditions for confirmation of control order met – control order confirmed without variation

Legislation: Criminal Code Act 1995 (Cth) sch 1 (Criminal Code) ss 104.4, 104.12 and 104.14

Cases cited: Read v Namoa [2021] FCA 1486 Thomas v Mowbray [2007] HCA 33; 233 CLR 307

Division: General Division

Registry: New South Wales

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 13

Date of hearing: 2 December 2021

Counsel for the Applicant: Mr P Melican

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Ms N S Carroll

Solicitor for the Respondent: Gilead Lawyers

ORDERS NSD 1195 of 2021

BETWEEN: NICHOLAS READ Applicant

AND: ALO-BRIDGET NAMOA Respondent

order made by: BURLEY J DATE OF ORDER: 2 December 2021

THE COURT ORDERS THAT: 1. Pursuant to s 104.14(7)(c) of the Criminal Code the interim control order made in relation to the respondent on 24 November 2021 be confirmed without variation in the terms set out in the Annexure to these Orders. 2. This confirmed control order be in force until and including 23 November 2022. 3. The respondent's lawyer may attend the AFP Sydney office at 110 Goulburn St, Sydney NSW between 9 am to 4 pm, Monday to Friday in order to obtain a copy of these Orders.