In the matter of an application by the Commissioner of the Australian Federal Police [2020] NSWSC 889

Supreme Court New South Wales

Medium Neutral Citation: In the matter of an application by the Commissioner of the Australian Federal Police [2020] NSWSC 889 Hearing dates: 29 May, 02 July 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Refer Xiaoting He to the Registrar of the Court for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance with respect to: (a) Advice generally in relation to the Commissioner's application for forfeiture of the Campsie property and any rights that she may have to make an exclusion application pursuant to ss 73 and 74 of the Proceeds of Crime Act 2002; (b) Representation generally in the conduct of the remaining issues in the proceedings, in particular the Commissioner's current forfeiture application, including at directions, interlocutory or final hearings; (c) Drafting or settling documents to be filed or used in the proceedings. (2) Adjourn the proceedings for directions before me at 9.30am on 28 August 2020. (3) Reserve the costs of and incidental to the hearing of the Commissioner's motion for a forfeiture order with respect to the Campsie property. (4) Grant liberty to the parties to apply on 48 hours' notice to the Court by arrangement with my Associate. Catchwords: CIVIL PROCEDURE – where defendant not legally represented – referral to pro bono legal assistance – where application for forfeiture order made by Commissioner of Australian Federal Police – whether application for exclusion from restraint to be made Legislation Cited: Proceeds of Crime Act 2002 (Cth) Crimes Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: In the matter of an application by the Commissioner of the Australian Federal Police [2017] NSWSC 1206 In the matter of an application by the Commissioner of the Australian Federal Police [2020] NSWSC 179 Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: T Prince (Plaintiff)