The Commissioner of the Australian Federal Police v Bahmad [2021] NSWSC 954

The Commissioner of the Australian Federal Police v Bahmad [2021] NSWSC 954

The Court is not empowered under POCA or any relevant authority to modify or limit the scope of an examination notice issued by an approved examiner pursuant to s 183. The examination notice is within the scope of the consent orders and the legislation. Even if a power existed, the factual breadth of the notices is not inappropriate given the legislative context and the evidence.

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Civil / Motion to Whittle Down Examination Notice—determination
Outcome
Notice of motion of 18 January 2021 dismissed
Legal Topics
['forfeiture of Proceeds of Crime' 'applications for Exclusion From Restraining and Forfeiture Orders' 'scope and Breadth of Examination Notices' 'judicial Power to Limit Examination Notices']
['proceeds of Crime' 'civil Procedure'] ['forfeiture of Proceeds of Crime' 'applications for Exclusion From Restraining and Forfeiture Orders' 'scope and Breadth of Examination Notices' 'judicial Power to Limit Examination Notices']

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Procedural Posture

Civil / Motion to Whittle Down Examination Notice—determination

Legal Issues

  1. 1 ['Whether the Court has power to reduce the scope of an examination notice under the Proceeds of Crime Act 2002 (Cth)' 'Whether the examination notice exceeds the scope of the examination order and is oppressive or irrelevant']

Ratio Decidendi

The Court is not empowered under POCA or any relevant authority to modify or limit the scope of an examination notice issued by an approved examiner pursuant to s 183. The examination notice is within the scope of the consent orders and the legislation. Even if a power existed, the factual breadth of the notices is not inappropriate given the legislative context and the evidence.

Court Disposition

Notice of motion of 18 January 2021 dismissed

Orders

  • ['The notice of motion of 18 January 2021 is dismissed.' 'Costs reserved.']