Commissioner of the Australian Federal Police v He [2023] NSWSC 1391

Commissioner of the Australian Federal Police v He [2023] NSWSC 1391

The Court granted the restraining orders because the Commissioner satisfied the requirement of being a proceeds of crime authority and the affidavit evidence established reasonable grounds to suspect that the relevant bank accounts were proceeds of an indictable offence, with the suspicions reasonably held. It was therefore also appropriate to grant leave to file a further amended summons and make the procedural orders sought.

Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Proceeds of Crime Restraining Order Application / Notice of Motion; Procedural Ruling
Outcome
Orders made as sought
Legal Topics
['restraining Orders' 'money Laundering' 'proceeds of an Indictable Offence' 'leave to Amend Summons']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'money Laundering' 'proceeds of an Indictable Offence' 'leave to Amend Summons']

Case Brief

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Procedural Posture

Proceeds of Crime Restraining Order Application / Notice of Motion; Procedural Ruling

Legal Issues

  1. 1 ['Whether the Commissioner of the Australian Federal Police satisfied the requirements for restraining orders under s 19 of the Proceeds of Crime Act 2002 (Cth) in respect of three bank accounts.' 'Whether there were reasonable grounds to suspect the relevant property is the proceeds of an indictable offence and that the suspicions were reasonably held.' 'Whether leave should be granted to file a further amended summons reflecting the restraining orders sought and potential future forfeiture.']

Ratio Decidendi

The Court granted the restraining orders because the Commissioner satisfied the requirement of being a proceeds of crime authority and the affidavit evidence established reasonable grounds to suspect that the relevant bank accounts were proceeds of an indictable offence, with the suspicions reasonably held. It was therefore also appropriate to grant leave to file a further amended summons and make the procedural orders sought.

Court Disposition

Orders made as sought

Orders

  • ['Restraining orders were granted pursuant to s 19 of the Proceeds of Crime Act 2002 (Cth) in respect of the three bank accounts in the names of ENX Building Pty Ltd, SYH Project Pty Ltd and HSY Group Pty Ltd.' 'Leave was granted to the Commissioner to amend the summons by filing a further amended summons.'...