Application of the Commissioner of the Australian Federal Police; In the matter of Al Shamari [2022] NSWSC 1466

Supreme Court New South Wales

Medium Neutral Citation: Application of the Commissioner of the Australian Federal Police; In the matter of Al Shamari [2022] NSWSC 1466 Hearing dates: 11 October 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Restraining orders and ancillary orders made pursuant to Proceeds of Crimes Act 2002 (Cth) (2) Suppression orders to apply until 24 October 2022 Catchwords: PROCEEDS OF CRIME – orders restraining disposal of property – orders for disclosure of assets and liabilities – orders for custody and control of restrained property – whether appropriate to deal with application in closed court and ex parte – fraud on NDIS – deception – proceeds of crime – potential disposal of tainted property – urgent application Legislation Cited: Civil Procedure Act 2005 (NSW), ss 71(a), 71(b) Court Suppression and Non‑publication Orders Act 2010 (NSW), ss 6, 8(1)(a) Criminal Code Act 1995 (Cth), ss 134.1, 400.9 Proceeds of Crime Act 2002 (Cth), ss 18, 18(1)(a), 18(1)(b), 18(1)(c), 18(3), 18(1)(e), 26(4), 26(5), s 38, 39B Uniform Civil Procedure Rules 2005 (NSW), rr 6.15, 18.2(2) Cases Cited: Commissioner of the Australian Federal Police v He (2021) NSWSC 1455 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Wafaa Al Shamari (Defendant) Representation: Counsel: M Short (Plaintiff) File Number(s): 2022/303173