The Commissioner of the Australian Federal Police v Cranston and 65 Ors (No 8) [2018] NSWSC 365

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranston and 65 Ors (No 8) [2018] NSWSC 365 Hearing dates: 12-14 September; 15-17 November 2017 Decision date: 22 March 2018 Jurisdiction: Common Law Before: Fullerton J Decision: 1. The application by each of the defendants for a stay of the examination proceedings is refused. 2. The application by the third defendant for a revocation of the examination order is refused. 3. The applications by the second, third and fourth defendants for orders in respect of the Sworn Asset Statements already provided by them are refused. 4. The balance of the notices of motion of each of the first to fourth defendants is reserved. 5. Costs reserved. Catchwords: PROCEEDS OF CRIME – Practice and procedure – Application for stay of examination orders under Proceeds of Crime Act 2002 (Cth) ("POC Act") pending hearing and determination of related criminal proceedings – whether compulsory examination may lead to prejudice in the conduct of the applicants' defences in their criminal trials – whether any potential prejudice the applicants may face in their criminal trials could be overcome by means other than a stay, including orders under s 266A of the POC Act – whether the non-judicial character of the examinations exposes the administration of justice to risk – whether the AFP's policies and procedures for dealing with compulsorily acquired information is adequate to ameliorate the risk of prohibited disclosure of that information – whether a non-disclosure order under s 266A(2)(b) protects against the risk of disclosure of compulsorily acquired information.