Commissioner of the Australian Federal Police v Rifai [2021] NSWSC 795

Commissioner of the Australian Federal Police v Rifai [2021] NSWSC 795

The Court held it had jurisdiction under s 93 of the Proceeds of Crime Act 2002 (Cth) to grant a 9-month extension to the forfeiture period, as all statutory preconditions were fulfilled and neither party opposed this discrete exercise of discretion.

Parties
Plaintiff / Respondent on the Motion: The Commissioner of the Australian Federal Police; First Defendant: Alaedine Rifai; Second Defendant: Amal Hilmi; Interested Party / First Applicant on the Motion: Njaima Kasmi
Jurisdiction
Australia
Judgment Date
30 June 2021
Procedural Posture
Proceeds of Crime Proceedings / Procedural Orders Following Notice of Motion
Outcome
Extension of forfeiture period granted; procedural orders made.
Legal Topics
Forfeiture, Procedural Orders, Restraining Orders
Criminal Law Proceeds of Crime Forfeiture Procedural Orders Restraining Orders

Case Brief

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Parties

The Commissioner of the Australian Federal Police

Plaintiff / Respondent on the Motion

Alaedine Rifai

First Defendant

Amal Hilmi

Second Defendant

Njaima Kasmi

Interested Party / First Applicant on the Motion

Procedural Posture

Proceeds of Crime Proceedings / Procedural Orders Following Notice of Motion

Legal Issues

  1. 1 Whether the Court had jurisdiction to grant a 9-month extension of the forfeiture period under s 93 of the Proceeds of Crime Act 2002 (Cth)
  2. 2 Whether statutory preconditions for extension were met

Ratio Decidendi

The Court held it had jurisdiction under s 93 of the Proceeds of Crime Act 2002 (Cth) to grant a 9-month extension to the forfeiture period, as all statutory preconditions were fulfilled and neither party opposed this discrete exercise of discretion.

Court Disposition

Extension of forfeiture period granted; procedural orders made.

Orders

  • Pursuant to s 93 of the Proceeds of Crime Act 2002 (Cth), order extending the period before the property located at Broadmeadows Victoria is forfeited, to 18 December 2021.
  • Any amended notice of motion in respect of the notice of motion filed on 9 April 2021 by the First Applicant is to be filed and served by Friday 23 April 2021.