The Commissioner of the Australian Federal Police v W [2016] NSWSC 683

The Commissioner of the Australian Federal Police v W [2016] NSWSC 683

It is in the interests of justice to stay the civil proceedings temporarily, since there is a real risk that requiring the defendants to present their cases (including cross-examination and production of affidavit evidence) would prejudice their rights to silence and defence in the imminent criminal trial, and that such prejudice cannot adequately be addressed by closed court, suppression or non-publication orders, especially given the risks of inadvertent disclosure. The stay is to operate for a fixed period aligned with the scheduled conclusion of the criminal trial.

Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Civil Proceeds of Crime Application / Interlocutory Application for Stay
Outcome
Application for stay granted on terms; proceedings stayed until 31 August 2016 or further order; costs reserved.
Legal Topics
['stay of Proceedings' 'application for Exclusion Order' 'prejudice to Right to Silence' 'suppression Orders' 'overlap Between Civil and Criminal Proceedings' 'interests of Justice']
['proceeds of Crime' 'civil Procedure'] ['stay of Proceedings' 'application for Exclusion Order' 'prejudice to Right to Silence' 'suppression Orders' 'overlap Between Civil and Criminal Proceedings' 'interests of Justice']

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Procedural Posture

Civil Proceeds of Crime Application / Interlocutory Application for Stay

Legal Issues

  1. 1 ['Whether to grant a stay of civil forfeiture and exclusion proceedings under the Proceeds of Crime Act 2002 (Cth) pending the determination of related criminal proceedings against the defendants.' 'Whether continuing the civil proceedings would prejudice the defendants’ right to silence and/or defence in the criminal proceedings.' 'Whether prejudice to the defendants can be sufficiently addressed by orders other than a stay (including suppression, non-publication, or closed court).']

Ratio Decidendi

It is in the interests of justice to stay the civil proceedings temporarily, since there is a real risk that requiring the defendants to present their cases (including cross-examination and production of affidavit evidence) would prejudice their rights to silence and defence in the imminent criminal trial, and that such prejudice cannot adequately be addressed by closed court, suppression or non-publication orders, especially given the risks of inadvertent disclosure. The stay is to operate for a fixed period aligned with the scheduled conclusion of the criminal trial.

Court Disposition

Application for stay granted on terms; proceedings stayed until 31 August 2016 or further order; costs reserved.

Orders

  • ['Stay these proceedings until the earlier of further order or 31 August 2016.' 'Vacate the directions hearing on 9 June 2016.' 'Stand the matter over for mention on 31 August 2016 at 9.15am before Adamson J.' "Grant liberty to the parties to restore the matter on three days' notice before Adamson J." 'Costs...