Commissioner of the Australian Federal Police v Bigatton [2020] NSWSC 245

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Bigatton [2020] NSWSC 245 Hearing dates: 10 March 2020 Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I make Order 1 (having substituted the words 'orders 2 to 17' in the original orders sought with the words 'orders 2 to 16', as agreed to by the plaintiff). (2) I make Orders 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13. (3) I make Orders 14, 15 and 16, 18, 19 and 20. (4) The form of the Orders is attached by way of a Schedule. (5) The orders will take effect from 5.00pm on Friday 13 March 2020. (6) The proceedings are adjourned for directions before the Common Law Registrar at 9.00am on 29 April 2020. (7) The parties have liberty to restore on three days' written notice. Catchwords: CRIMINAL LAW — proceeds of crime — whether there are reasonable grounds for suspicions Legislation Cited: Corporations Act 2001 (Cth), ss 9, 601EB, 601ED, Criminal Code Act 1995 (Cth), Sch 1 s 400.9 Proceeds of Crime Act 2002 (Cth), ss 18, 19, 24, 31, 38, 39, 329, 335, 338 Cases Cited: Application of the Commissioner of the Australian Federal Police; In the matter of Rifai [2019] NSWSC 914 Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (2009) 180 FCR 11; [2009] FCAFC 147 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) John Louis Anthony Bigatton (First Defendant) JB's Investment Management Pty Ltd (Second Defendant) Madeline Bigatton (Third Defendant) Representation: Counsel: S Patterson (Plaintiff)