Application of the Commissioner of the Australian Federal Police [2015] NSWSC 888

Supreme Court New South Wales

Medium Neutral Citation: Application of the Commissioner of the Australian Federal Police [2015] NSWSC 888 Hearing dates: 29 June 2015 Decision date: 06 July 2015 Jurisdiction: Common Law Before: Button J Decision: (1) I decline to make proposed orders five and six contained in the summons of the plaintiff of 22 September 2014 as pressed before me. (2) Proposed orders five and six are listed before the Common Law Registrar at 9 AM on Monday 1 February 2016. (3) The plaintiff must pay the costs of Mr McKell, Mr McGlone, and Mrs McGlone of the proceedings before me. Catchwords: CRIMINAL LAW – proceeds of crime – intersection between inquisitorial and accusatorial proceedings – whether examination orders should be made pursuant to s 180 of the Proceeds of Crime Act 2002 (Cth) – whether examination hearings should be postponed until after criminal trial is completed – whether Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 621 remains good law Legislation Cited: Australian Crime Commission Act 2002 (Cth) Criminal Assets Recovery Act 1990 (NSW), ss 12, 13A(1), 13A(2), 31D(1)(a), 63 Criminal Code Act 1995 (Cth), ss 307.11(1), 400.9(1), 400.9(1)(b), 400.9(1A), 400.9(1A)(b), 400.9(5) Proceeds of Crime Act 2002 (Cth), ss 5(e), 39A, 180, 180(1), 188, 183(4), 186(4), 198, 197(2), 197(2)(a), 197(2)(b), 198, 266A, 319, 338 Proceeds of Crime Regulation 2002 (Cth), cl 12 Cases Cited: Commissioner of the Australian Federal Police v Mulder [2013] NSWSC 621 Commissioner of the Australian Federal Police v Zhao [2015] HCA 5 Lee v New South Wales Crime Commission [2013] HCA 39; (2013) 251 CLR 196 Lee v The Queen [2014] HCA 20; (2014) 88 ALJR 656 R v Seller; R v McCarthy (No 3) [2014] NSWSC 1290 R v Seller; R v McCarthy [2015] NSWCCA 76 Qing Zhao and Xing Jin v Commissioner of the Australian Federal Police [2014] VSCA 137 X7 v Australian Crime Commission [2013] HCA 29; (2013) 248 CLR 92 X7 v R [2014] NSWCCA 273 Category: Principal judgment Parties: Commissioner of Australian Federal Police (Plaintiff) Richard McGlone (First Respondent) Jodie Louise McGlone (Second Respondent) Jason McKell (Third Respondent) Representation: Counsel: L T Livingston (Plaintiff) P Lange (First and Second Respondents)