Commissioner of the Australian Federal Police v Ortmann [2021] NSWSC 451

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Ortmann [2021] NSWSC 451 Hearing dates: 23 April 2021 Decision date: 30 April 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to s 34A of the Mutual Assistance in Criminal Matters Act 1987 (Cth), the foreign forfeiture order issued in the United States of America by the United States District Court for the Eastern District of Virginia on 22 January 2018 be registered in the Supreme Court of New South Wales. (2) Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: PRIVATE INTERNATIONAL LAW — Application for registration of foreign forfeiture order made in the US — Whether registration would be contrary to the interests of justice within the meaning of s 34A of the Mutual Assistance in Criminal Matters Act 1987 (Cth) Legislation Cited: Civil Procedure Act 2005 (NSW), s 3 Competition and Consumer Act 2010 (Cth), s 87 Corporations Act 2001 (Cth), s 588K Extradition Act 1999 (NZ) Judiciary and Judicial Procedure Act 28 U.S.C. §2466 Mutual Assistance in Criminal Matters Act 1987 (Cth), ss 33A, 34, 34A Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Act 2011 (Cth), cl 6 Proceeds of Crime Act 2002 (Cth), ss 17, 18, 19, 25, 27, 48, 49 Uniform Civil Procedure Rules 2005 (NSW), r 42 Cases Cited: Australian Hardboards Ltd v Hudson Investment Group Ltd (2007) 70 NSWLR 201; [2007] NSWCA 104 LFDB v SM (2017) 256 FCR 218; [2017] FCAFC 178 Texts Cited: Explanatory Memorandum, Mutual Assistance in Criminal Matters Amendment (Registration of Foreign Proceeds of Crime Orders) Bill 2011 (Cth) Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Mathias Ortmann (Defendant) Representation: Counsel: J C Conde (Plaintiff) S J Stanton (Defendant)