Commissioner of the Australian Federal Police v Cacu [2015] NSWSC 1232

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Cacu [2015] NSWSC 1232 Hearing dates: 13 May 2015 Decision date: 03 September 2015 Jurisdiction: Common Law Before: Adams J Decision: (1) The parties, within seven business days of delivery of this judgment are to submit agreed orders effecting the conclusions I have expressed. Failing agreement, the applicants are to submit their proposed orders with brief submissions within five business days of the expiry of the time for submission of agreed orders, to be followed by the Commissioner within a further three business days.

(2) As to costs, the parties are to submit agreed orders or make submissions in accordance with the timetable in order 1. Catchwords: PROCEDURE – civil – proceeds of crime – application for stay of proceedings under the Proceeds of Crime Act 2002 (Cth) – concurrent criminal proceedings – orders requiring the provision of financial statements – whether accused is required to assist prosecution by providing statements – balancing objects of the Act against the Court's obligation to maintain the legitimacy of the administration of criminal justice Legislation Cited: Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth), ss 140(1), 136(1) Australian Crime Commission Act 2002 (Cth) Criminal Code Act 1995 (Cth), ss 400.9(1), 400.3(1) Evidence Act 1995 (NSW), s 18 Proceeds of Crime Act 2002 (Cth), ss, 19, 39, 39A(1), 49,180 Proceeds of Crime Regulations 2002 Cases Cited: Application of the Commissioner of the Australian Federal Police [2015] NSWSC 888 Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; 89 ALJR 331 Dietrich v The Queen [1992] HCA 57; 177 CLR 292 Hammond v The Commonwealth of Australia [1982] HCA 42; 152 CLR 188 Lee v New South Wales Crime Commission [2013] HCA 39; 251 CLR 196; 235 A Crim R 326 Lee v The Queen [2014] HCA 20; 237 A Crim R 436; 88 ALJR 656 New South Wales Crime Commission v Lee [2012] NSWCA 276; 84 NSWLR 1 R v Seller [2013] NSWCCA 42; 273 FLR 155 Sorby v The Commonwealth [1983] HCA 10; 152 CLR 281 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92; 232 A Crim R 410 X7 v R [2014] NSWCCA 273 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Ergun Cacu (First defendant) Sofya Kuzniatsova (Second defendant) Representation: Counsel: T M Thawley SC/ C Conde (Plaintiff) P Singleton (Defendants)