Commissioner of the Australian Federal Police - s 19 application [2015] NSWSC 1477

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police - s 19 application [2015] NSWSC 1477 Hearing dates: 8 October 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff providing, on behalf of the Commonwealth, the usual undertaking as to costs and damages, the court orders that:

Preliminary orders

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 9 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.

5. Notwithstanding order 3 above, Westpac Banking Corporation may deal with the property listed in Schedule One in accordance with registered mortgage AI133027.

Custody and Control Orders

6. 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.