The Commissioner of the Australian Federal Police v W [2016] NSWSC 683

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v W [2016] NSWSC 683 Hearing dates: 24 May 2016; 27 May 2016 Decision date: 01 June 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Stay these proceedings until the earlier of the following:

(a) Further order; or

(b) 31 August 2016.

(2) Vacate the directions hearing on 9 June 2016.

(3) Stand the matter over for mention before me at 9.15am on 31 August 2016.

(4) Grant liberty to the parties to restore the matter on three days' notice, before me.

(5) Costs reserved.

(6) If costs cannot be agreed, each party is to serve and provide to my Associate within seven days hereof written submissions in support of the costs order for which the party contends; and, within four further days, any submissions in response. Catchwords: PROCEEDS OF CRIME – application for adjournment of defendants' applications for exclusion orders and for stay of forfeiture proceedings pending criminal trial – whether defendants' evidence in proceeds of crime proceedings would prejudice defence case in criminal trial – whether potential prejudice could be overcome by means other than a stay – consideration of amendments to Proceeds of Crime Act 2002 (Cth) after decision in Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; 225 CLR 46 – consideration of factors in s 319 of Proceeds of Crime Act – whether it is in interests of justice to order a stay – stay granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW), s 254 Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Act 2016, Sch 1, cll 1, 4, 5, 8 Criminal Code Act 1995 (Cth), Sch 1, s 400.9 Interpretation Act 1987 (NSW), ss 8, 21 Proceeds of Crime Act 2002 (Cth), ss 18, 19, 31, 180, 266A, 317, 319, 319A Cases Cited: Commissioner of the Australian Federal Police v Cacu [2015] NSWSC 1232 Commissioner of the Australian Federal Police v McGlone [2016] NSWCA 103 Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; 255 CLR 46 Lee v New South Wales Crime Commission [2013] HCA 39; 251 CLR 196 John Fairfax Publications Pty Limited v District Court of NSW [2004] NSWCA 324; 61 NSWLR 344 Lee v The Queen [2014] HCA 20; 253 CLR 455 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Mr W (First Defendant) Ms B (Second Defendant) Representation: Counsel: A Moses SC/ G O'Mahoney (Plaintiff/ Respondent) M Windsor SC/M Bennett (First and Second Defendants/ Applicants)