Commissioner of the Australian Federal Police [2018] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police [2018] NSWSC 703 Hearing dates: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [17]. Catchwords: PROCEEDS OF CRIME – application for forfeiture order in respect of cash found in automotive garage premises – lessee of garage disavowed ownership – public canvassing to ascertain true owner unsuccessful despite overwhelming response to Facebook and Twitter releases – order for forfeiture made Legislation Cited: Proceeds of Crime Act 2002 (Cth) s 19, Div 3 Part 2-1, ss 49, 69, 338 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: G O'Mahoney

Solicitors: Australian Federal Police File Number(s): 2017/161360

Judgment – EX TEMPORE

Introduction 1. By summons filed 29 May 2017, the Commissioner of the Australian Federal Police (the plaintiff) moved the Court for orders, including restraining orders pursuant to s 19 of the Proceeds of Crime Act 2002 (Cth) (the Act). 2. On 29 June 2017 Adams J made restraining orders in respect of the property specified in Schedule 1 to the summons, being a cash amount in the order of $1.6 million seized by the plaintiff on 29 March 2017 from premises at Wetherill Park which were used as an automotive garage (the Cash). 3. The plaintiff today seeks a forfeiture order pursuant to s 49 of the Act in respect of the Cash, as well as an order pursuant to s 69(2) of the Act that the Commonwealth have leave to deal with the forfeited property immediately.