Commissioner of the Australian Federal Police v Qiong Fu [2013] NSWSC 1313

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Qiong Fu [2013] NSWSC 1313 Hearing dates: 9 September 2013 Decision date: 09 September 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: Restraining order made. Catchwords: PROCEEDS OF CRIME - no question of principle. Legislation Cited: - Criminal Code Act 1995 (Cth) - Proceeds of Crime Act 2002 (Cth) Category: Interlocutory applications Parties: The Commissioner of the Australian Federal Police (Plaintiff) Qiong Fu (Defendant) Representation: Counsel: Ms L. Booth (Sol) (Plaintiff) Solicitors: Proceeds of Crime Litigation, Australian Federal Police (Plaintiff) File Number(s): 2013/272463 Publication restriction: Nil. (Note: On 11 September 2013 an interim suppression order was revoked.)

EX TEMPORE Judgment

Application to close the Court 1Before me is an application by the Commissioner of the Australian Federal Police for various orders under the Proceeds of Crime Act 2002 (Cth) (the "Act"). At the outset, the Commissioner has applied for an interim suppression order concerning the whole of the material in the proceedings. The solicitor for the Commissioner has referred me to paragraph 13 of the affidavit of Glyn Evan Roberts sworn 9 September 2013, which outlines various steps in the course of an investigation that are likely to occur. Having regard to that material, I am satisfied that there is a significant potential for an investigation to be compromised if it was known that these proceedings were being brought and the basis for them. On that basis, I am satisfied that it is appropriate to make an interim suppression order. 2Accordingly, I will order that the publication of all the evidence and submissions in these proceedings be suppressed until further order, that the identities of the defendants in the proceedings be suppressed until further order, and that the Court be closed for the hearing of the application.