Commissioner of the Australian Federal Police v Rifai [2020] NSWSC 383

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Rifai [2020] NSWSC 383 Hearing dates: 3 April 2020 Date of orders: 03 April 2020 Decision date: 08 April 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to section 49 of the Proceeds of Crimes Act 2002 (Cth) (the Act), the property specified in Schedule One be forfeited to the Commonwealth. (2) Pursuant to section 56 of the Act, the value of the property specified in Schedule One is approximately $235,000.00. (3) Pursuant to section 49 of the Act, the property specified in Schedule Two be forfeited to the Commonwealth. (4) Pursuant to section 56 of the Act, the value of the property specified in item 2 of Schedule Two is approximately $60,000.00. (5) Pursuant to section 56 of the Act, the value of the property specified in item 3 of Schedule Two is approximately $11,000.00. (6) Pursuant to section 69(2) of the Act, the Commonwealth, and persons acting on its behalf, are granted leave to dispose or deal with the forfeited property immediately.

(7) These orders be entered forthwith. (8) The matter will be listed for directions before the Common Law Registrar at 9:00am on 5 June 2020. (9) Liberty to restore with three days' written notice. Catchwords: CRIME — confiscations — forfeiture order — proceeds of indictable offence or instrument of serious offence Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 18, 49, 56, 329, 335, 338, Pt 2-1 Div 3 Criminal Code Act 1995 (Cth) Sch 1, ss 135.1(1), 400.9(1) Cases Cited: Application of the Commissioner of the Australian Federal Police; In the matter of Rifai [2019] NSWSC 914 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Alaedine Rifai (AKA Alan Rifai) (First Defendant) Amal Hilmi (Second Defendant) Representation: Solicitors: Australian Federal Police (Plaintiff)