The Commissioner of the Australian Federal Police v Cranney (No 2) [2016] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranney (No 2) [2016] NSWSC 643 Hearing dates: 18 May 2016 Decision date: 18 May 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 93(1) of the Proceeds of Crime Act 2002 (Cth), the period at the end of which the "property" covered by the restraining order made on 17 September 2013 is forfeited to the Commonwealth be extended to midnight on 19 February 2017. (2) The defendant must pay the costs of the plaintiff of the proceedings before me. (3) The notice of motion of 13 May 2016 with regard to s 94(1) of the Proceeds of Crime Act 2002 (Cth) is stood over before the Common Law Registrar at 9 AM on 8 June 2016. Catchwords: PROCEEDS OF CRIME – where restraining order made – extension order sought extending the period before property is irrevocably forfeited – whether applications for extension made without undue delay and diligently followed up on Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 92A, 93, 94 Cases Cited: The Commissioner of the Australian Federal Police v Halac [2015] NSWSC 520 The Commissioner of the Australian Federal Police v Klein and Hubble [2014] NSWSC 1638 Category: Procedural rulings Parties: Christopher Phillip Cranney (Applicant) The Commissioner of the Australian Federal Police (Respondent) Representation: Counsel: M Spartalis (Applicant) D Hume (Applicant)

Solicitors: Bilias & Associates (Applicant) Australian Federal Police – Criminal Assets Litigation (Respondent) File Number(s): 2013/280518