Commissioner of the Australian Federal Police – s 19 application for restraint of assets [2015] NSWSC 948

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police – s 19 application for restraint of assets [2015] NSWSC 948 Hearing dates: 14 July 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages, the court orders that

1. Pursuant to rule 6.15 of the Uniform Civil Procedure Rules 2005 (NSW), the summons be made returnable immediately.

2. Pursuant to sections 26(4) and 182(2) of the Proceeds of Crime Act 2002 (Cth) (the Act) and rule 18.2(2) of the Uniform Civil Procedure Rules 2005 (NSW), the application of the Plaintiff for the relief sought in paragraphs 3 to 7 of the Summons be heard and determined without notice.

Restraining orders

3. Pursuant to section 19 of the Act, the property specified in Schedule One below must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders.

4. Pursuant to section 19 of the Act, the property specified in Schedule Two below must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders.

Custody and Control Orders

5. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the property specified in Schedule One below.

6. Pursuant to section 38 of the Act the Official Trustee is to take custody and control of the property specified in Schedule Two below.