NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application of the Commissioner of the Australian Federal Police dated 9 February 2016 [2016] NSWSC 42 Hearing dates: 9 February 2016 Date of orders: 09 February 2016 Decision date: 09 February 2016 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:
Restraining Orders 1. Pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth), the property specified in Schedule One must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 2. Pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth), the property specified in Schedule Two 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 3. Pursuant to section 38 of the Proceeds of Crime Act 2002 (Cth), the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule One. 4. Pursuant to section 38 of the Proceeds of Crime Act 2002 (Cth), the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule Two.
Upon the Plaintiff providing, on behalf of the Commonwealth, the usual undertaking as to costs and damages, the court orders by consent without admissions, pursuant to section 316 of the Proceeds of Crime Act 2002 (Cth), that:
Restraining Orders 5. Pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth), the property specified in Schedule Three must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 6. Pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth), the property specified in Schedule Four must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 7. Pursuant to section 19 of the Proceeds of Crime Act 2002 (Cth), the property specified in Schedule Five must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders.
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