Commissioner of the Australian Federal Police [2013] NSWSC 1428

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police [2013] NSWSC 1428 Hearing dates: 24 September 2013 Decision date: 24 September 2013 Before: R A Hulme J Decision: 1. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth) the Court orders that the property specified in the Schedule, less costs and expenses owing to the Official Trustee in Bankruptcy be forfeited to the Commonwealth; 2. Pursuant to section 58 of the Proceeds of Crime Act 2002 (Cth) the Commonwealth Bank of Australia is ordered to transfer to the Official Trustee in Bankruptcy any funds remaining in Commonwealth Bank of Australia account number 51xx xxxxx89 within 7 days of the date of this order; 3. Pursuant to section 69 of the Proceeds of Crime Act 2002 (Cth) the Commonwealth have leave to deal with the property immediately; 4. There is no order as to costs; 5. Liberty to apply. SCHEDULE The sum of funds standing to the credit of the Commonwealth Bank of Australia account number 51xx xxxxx89 restrained pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth) on 27 November 2012 and taken into the Custody and Control of the Official Trustee in Bankruptcy pursuant to section 38 of the Proceeds of Crime Act 2002 (Cth). Catchwords: CRIMINAL LAW - forfeiture orders - instrument of a serious crime Legislation Cited: Financial Transactions Reports Act 1988 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 993 Studman v Director of Public Prosecutions (Cth) [2007] NSWCA 285; (2007) 177 A Crim R 34 The Commissioner of the Australian Federal Police [2012] NSWSC 1533 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police Representation: Counsel: Mr P McCarthy Solicitors: Australian Federal Police File Number(s): 2012/369307