Commissioner of the Australian Federal Police v Battah [2023] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Battah [2023] NSWSC 35 Hearing dates: 30 January 2023 Date of orders: 30 January 2023 Decision date: 30 January 2023 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to section 180 of the Proceeds of Crime Act 2002 (Cth), Zoe Battah is to be examined in relation to the affairs of: (a) herself; and (b) Matthew Battah. (2) Until further order, pursuant to section 266A(2)(b) of the Act; (a) the transcript of the examination of Zoe Battah ("the examination"); (b) any matter contained in answers given during the course of the examination and documents produced at the examination; and (c) any information obtained from Zoe Battah during the examination, be prohibited from disclosure to any authority of the Commonwealth, or of a State or Territory, that has a function of investigating or prosecuting offences with which Matthew Battah is charged, save for an offence or offences under Division 4 of Part 3-1 of the Act. (3) The proceedings be listed for a further directions hearing on 21 June 2023. (4) Liberty to apply on 3 days' written notice. Catchwords: CIVIL LAW – proceeds of crime – restraining order in existence – examination order – where target resides overseas – little enthusiasm for return to Australia – where husband to stand trial for drug offences – no question of principle Legislation Cited: Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth), ss 180, 266A Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Matthew Battah (First defendant) Zoe Battah (Second defendant) Representation: Counsel: O Scully (Plaintiff) A Lopez (First defendant) No appearance (Second defendant)