Application of the Commissioner of the Australian Federal Police (No 2) [2015] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: Application of the Commissioner of the Australian Federal Police (No 2) [2015] NSWSC 1171 Hearing dates: 13 August 2015 Decision date: 13 August 2015 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth) ("the Act"), the property restrained by this Court on 11 February 2015 and set out in Schedule One to these orders, be forfeited to the Commonwealth. (2) Pursuant to section 69(2) of the Act, the Commonwealth be given leave to dispose of or otherwise deal with the property forfeited by order 1 herein, immediately. (3) These orders be entered forthwith. (4) The proceedings are stood over generally for directions before the Common Law Registrar at 9 am on 13 October 2015. Catchwords: CRIMINAL LAW – proceeds of crime – application for forfeiture under s 49 of the Proceeds of Crime Act 2002 (Cth) – large sums of cash transferred into a particular bank account – restraining order made on previous occasion – whether forfeiture order should be made – whether the Commonwealth should have leave to dispose of or otherwise deal with the property in question Legislation Cited: Proceeds of Crime Act (Cth), ss 19, 49, 49(1), 49(1)(a), 49(1)(b), 49(1)(c), 49(1)(e), 49(2), 49(3), 49(4), 335, 338 Cases Cited: Application of the Australian Federal Police re matter 2012/249599 [2013] NSWSC 1444 Commissioner of the Australian Federal Police [2013] NSWSC 1428 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Ex parte Representation: Counsel: