The Commissioner of the Australian Federal Police [2012] NSWSC 1533

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police [2012] NSWSC 1533 Hearing dates: 26 November 2012; 27 November 2012 Decision date: 27 November 2012 Before: Simpson J Decision: Upon the plaintiff giving the usual undertaking as to damages, the court orders that: (i)Pursuant to rule 6.15 of the Uniform Civil Procedure Rules (NSW), the summons be made returnable immediately. (ii)Pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth) (the Act) the funds standing to the credit of Commonwealth Bank of Australia account number 5100 0030089 must not be disposed of or dealt with by any person, except in the manner and circumstances specified in these orders. (iii)Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the funds in Commonwealth Bank of Australia account number 5100 0030089. Catchwords: CIVIL LAW - proceeds of crime - restraining order - disposal of property - reasonable grounds for suspecting property to be proceeds of crime - when opening or operating bank account in false name is indictable offence - whether money deposited in bank account in false name can be proceeds of that offence - whether money in bank account operated under false name can be proceeds of that crime - instrument of crime - Proceeds of Crime Act 2002 (Cth), s 19, s 38, s 49, s 329 - Financial Transaction Reports Act 1988, s 24 - Crimes Act 1914 (Cth), s 4G Legislation Cited: Crimes Act 1914 (Cth) Financial Transaction Reports Act 1988 Proceeds of Crime Act 2002 (Cth) Cases Cited: Studman v Director of Public Prosecutions (Cth) [2007] NSWCA 285; 177 A Crim R 34 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: A Kelly (Plaintiff) Solicitors: Australian Federal Police (Plaintiff) File Number(s): 2012/369207