The Commissioner of Australian Federal Police v Cole [2018] NSWSC 953

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of Australian Federal Police v Cole [2018] NSWSC 953 Hearing dates: 19 June 2018 Date of orders: 25 June 2018 Decision date: 25 June 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Pursuant to s 19 of the Proceeds of Crime Act 2002 (Cth), the cash amount of $AUD 399,950 seized by the Australian Federal Police on 26 September 2015 (recorded on AFP Property Seizure Records M337410) together with any interest earned on that amount must not be disposed of or otherwise dealt with by any person, except in the manner and circumstances specified in these orders. (2) Pursuant to s 38 of the Proceeds of Crime Act 2002 (Cth), the Official Trustee in Bankruptcy is to take custody and control of the cash amount of $AUD 399,950 seized by the Australian Federal Police on 26 September 2015 (recorded on AFP Property Seizure Records M337410) together with any interest earned on that amount. (3) Unless the parties approach to be heard within seven days, Mr Cole is to pay the Commissioner's costs, as agreed or assessed. Catchwords: PROCEEDS OF CRIME – restraining orders – whether there were reasonable grounds for suspicions – orders made pursuant to ss 19 and 38 of the Proceeds of Crime Act 2002 (Cth) – costs Legislation Cited: Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules (2005) Cases Cited: George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423; [2006] HCA 45 The Commissioner of Australian Federal Police v Cole (Supreme Court (NSW), N Adams J, 19 October 2017, unrep) RHG Mortgage Limited v Rosario Ianni [2015] NSWCA 56 Williams v Keelty (2001) 111 FCR 175; [2001] FCA 1301 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Stuart James Cole (Defendant) Representation: Counsel: D Tynan (Plaintiff)