Application by the Commissioner of the Australian Federal Police [2016] NSWSC 861

Application by the Commissioner of the Australian Federal Police [2016] NSWSC 861

The Commissioner was a responsible authority, the restraining orders made on 3 December 2015 had been in force for at least 6 months, reasonable steps had been taken to identify and notify persons with an interest in the property, no exclusion application had been made, and there was no reason why forfeiture would be contrary to the public interest. The Court therefore made forfeiture orders under s 49 and granted leave under s 69(2) for the Commonwealth to immediately dispose of or otherwise deal with the forfeited property.

Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Civil Application for Forfeiture Orders Under S 49 of the Proceeds of Crime Act 2002 (cth) / Ex Tempore Judgment on Application After Restraining Orders Had Been in Force for 6 Months
Outcome
Application granted; forfeiture orders made and leave granted to the Commonwealth to immediately dispose of or otherwise deal with the forfeited property.
Legal Topics
['forfeiture Orders' 'restraining Orders' 'proceeds of Crime Authority' 'public Interest' 'disposal of Forfeited Property']
['practice and Procedure' 'proceeds of Crime' 'criminal Law'] ['forfeiture Orders' 'restraining Orders' 'proceeds of Crime Authority' 'public Interest' 'disposal of Forfeited Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Application for Forfeiture Orders Under S 49 of the Proceeds of Crime Act 2002 (cth) / Ex Tempore Judgment on Application After Restraining Orders Had Been in Force for 6 Months

Legal Issues

  1. 1 ['Whether the Commissioner was the responsible authority for the restraining order made under s 19 of the Proceeds of Crime Act 2002 (Cth).' 'Whether the restraining order had been in force for at least 6 months.' 'Whether reasonable steps had been taken to identify and notify persons with an interest in the property.' 'Whether any application had been made to exclude property from the restraining order.' 'Whether it was not in the public interest to make forfeiture orders.' 'Whether leave should be granted to the Commonwealth to immediately dispose of or otherwise deal with the forfeited property.']

Ratio Decidendi

The Commissioner was a responsible authority, the restraining orders made on 3 December 2015 had been in force for at least 6 months, reasonable steps had been taken to identify and notify persons with an interest in the property, no exclusion application had been made, and there was no reason why forfeiture would be contrary to the public interest. The Court therefore made forfeiture orders under s 49 and granted leave under s 69(2) for the Commonwealth to immediately dispose of or otherwise deal with the forfeited property.

Court Disposition

Application granted; forfeiture orders made and leave granted to the Commonwealth to immediately dispose of or otherwise deal with the forfeited property.

Orders

  • ['Pursuant to s 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule 1 to the Summons filed 13 November 2015 is to be forfeited to the Commonwealth.' 'Pursuant to s 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule 2 to the Summons filed 13 November 2015 is to be...