Commissioner of the Australian Federal Police v Zhao [2015] HCA 5

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, KIEFEL, BELL AND KEANE JJ

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE APPELLANT

AND

QING ZHAO & ANOR RESPONDENTS

Commissioner of the Australian Federal Police v Zhao [2015] HCA 5 12 February 2015 M92/2014

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Victoria

Representation

J T Gleeson SC, Solicitor-General of the Commonwealth with D J Neal SC and P Kulevski for the appellant (instructed by Australian Federal Police – Proceeds of Crime Litigation)

T D Best for the respondents (instructed by Chiodo & Madafferi)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Commissioner of the Australian Federal Police v Zhao

Jurisdiction, practice and procedure – Adjournment, stay of proceedings or order restraining proceedings – Matters connected with conduct of defence – Where respondent charged with offence – Where appellant applied for forfeiture order under s 49 of the Proceeds of Crime Act 2002 (Cth) ("the Act") against property that is proceeds of crime – Whether forfeiture proceedings should be stayed until criminal proceedings are finalised – Whether refusal to stay forfeiture proceedings creates risk of prejudice in criminal proceedings – Whether respondent must state specific matters of prejudice before stay will be granted.

Statutes – Interpretation – Forfeiture of proceeds of crime – Stay of forfeiture proceedings – Where appellant applied for forfeiture order under s 49 of the Act – Where issues in forfeiture proceedings and criminal proceedings are substantially identical – Whether forfeiture proceedings should ordinarily continue.

Words and phrases – "prejudice".

Proceeds of Crime Act 2002 (Cth), ss 39A, 49, 80, 266A, 319.