Commissioner of the Australian Federal Police v McGlone [2016] NSWCA 103

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of the Australian Federal Police v McGlone [2016] NSWCA 103 Hearing dates: 9 March 2016 Decision date: 11 May 2016 Before: Beazley P at [1]; Ward JA at [140]; Gleeson JA at [141] Decision: (1) Grant leave to appeal.

(2) Dismiss the appeal insofar as it relates to Richard McGlone and Jason McKell.

(3) Allow the appeal insofar as it relates to Jodie McGlone.

(4) Set aside order 1 made by the trial judge insofar as it applies to Jodie McGlone.

(5) Order that pursuant to s 180 of the Proceeds of Crime Act 2002 (Cth), Jodie McGlone be examined about Richard McGlone's affairs.

(6) Order that pursuant to s 180 of the Proceeds of Crime Act 2002 (Cth), Jodie McGlone be examined about Jason McKell's affairs.

(7) In respect of the examinations conducted pursuant to orders (5) and (6), order that:

(a) no person involved in the investigation or prosecution of the offences of which the Richard McGlone and Jason McKell are charged be present during the examination; and

(b) the transcript of the examination, any matter contained in answers given during the course of the examination, and documents produced at the examination insofar as they relate to the circumstances of the offences with which Richard McGlone and Jason McKell are charged, not be disclosed to any person involved in the investigation or prosecution of those offences.

(8) Order that the Commissioner pay the respondents' costs of the appeal. Catchwords: ADMINISTRATIVE LAW – Proceeds of Crime Act 2002 (NSW) – compulsory examination – exercise of discretion to refuse to order examination – relevant factors – whether referable only to pendency of criminal proceedings on same subject matter