NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police dated 10 February 2016 [2016] NSWSC 56 Hearing dates: 10 February 2016 Date of orders: 10 February 2016 Decision date: 10 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 Order 1. Pursuant to Section 19(1)(b) of the Proceeds of Crime Act 2002 (Cth) ("Act"), 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(1)(b) of the Act, 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 Order 3. Pursuant to Section 38 of the Act 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 Act the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule Two.
Other Orders 5. The proceedings are listed for directions before the Common Law Registrar at 9:00am on 9 March 2016.
SCHEDULE ONE The total cash sum of AUD$135,450.00 seized by members of the Australian Federal Police on 4 November 2011 at 5/6 Acacia Street, Cabramatta NSW and deposited into the AFP Trust Account with the Reserve Bank of Australia on 30 May 2014, together with any interest earned on that amount.
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