Commissioner of the Australian Federal Police v Rifai [2021] NSWSC 795

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Rifai [2021] NSWSC 795 Hearing dates: 19 April 2021 Date of orders: 19 April 2021 Decision date: 30 June 2021 Jurisdiction: Common Law Before: Walton J Decision: On 19 April 2021, the Court made the following orders: (1) Pursuant to s 93 of the Proceeds of Crime Act 2002 (Cth), an order is made extending the period before the property located at [Broadmeadows Victoria] is forfeited, to 18 December 2021. (2) Any amended notice of motion in respect of the notice of motion filed on 9 April 2021 by the First Applicant, is to be filed and served by Friday 23 April 2021. (3) Costs in respect of the notice of motion filed on 9 April 2021 by the First Applicant, be reserved. Catchwords: PROCEEDS OF CRIME – forfeiture of property – forfeiture period – procedural orders Legislation Cited: Criminal Code (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Application of the Commissioner of the Australian Federal Police; In the matter of Rifai [2019] NSWSC 914 The Commissioner of the Australian Federal Police v Rifai – Application by Njaima Kasmi [2021] NSWSC 250 Category: Procedural rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff / Respondent on the motion) Alaedine Rifai (First Defendant) Amal Hilmi (Second Defendant) Njaima Kasmi (Interested Party / First Applicant on the motion) Representation: Counsel: K Anderson (Plaintiff / Respondent on the motion) A Ahmad (Interested Party / First Applicant on the motion)