Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 993

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 993 Hearing dates: 15 July 2013 Decision date: 25 July 2013 Jurisdiction: Common Law Before: R A Hulme J Decision: Applications for exclusion of property from the restraining order and from forfeiture are refused Catchwords: PROCEEDS OF CRIME - automatic forfeiture of property under restraining order - lawfully obtained funds transferred through bank account opened with false identification documents - whether property ought to be excluded from forfeiture - whether property instrument of unlawful activity - nature of property interest in bank accounts WORDS AND PHRASES - "instrument of unlawful activity" - "instrument of an offence" - "proceeds of crime" Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Financial Transactions Reports Act 1988 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Caruana v DPP (Vic) [2011] VSC 658 DPP (NSW) v King [2000] NSWSC 394; (2000) 49 NSWLR 727 Studman v Commonwealth Director of Public Prosecutions [2007] NSWCA 285; (2007) 177 A Crim R 34 The Commissioner of the Australia Federal Police [2012] NSWSC 1533 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff/Respondent) Jack Dennis Mulder (Defendant/Applicant) Representation: Counsel: Mr P McGuire (Plaintiff) Mr G Jones (Defendant) Solicitors: Commonwealth Director of Public Prosecutions Nyman Gibson Stewart File Number(s): 2011/37131