Australian Crime Commission v Stoddart & Anor

The Australian Crime Commission (ACC) sought to obtain financial records from Mr Stoddart and his company, Stoddart Holdings Pty Ltd, pursuant to a notice issued under s 29 of the *Proceeds of Crime Act 2002* (Cth). Mr Stoddart and Stoddart Holdings applied to the Federal Court for a declaration that the notice was invalid and for an injunction to restrain the ACC from enforcing it. The matter proceeded to the High Court of Australia.

The central legal issue before the High Court was whether the notice issued by the ACC under s 29 of the *Proceeds of Crime Act 2002* (Cth) was valid. This involved determining whether the ACC had a reasonable suspicion that the information sought was relevant to an investigation into whether a person had engaged in, or was likely to engage in, an offence against a law of the Commonwealth, and whether the notice was properly served.

The High Court held that the notice was invalid. Their Honours found that the ACC had failed to establish that it had a reasonable suspicion that the financial records sought were relevant to an investigation into whether a person had engaged in, or was likely to engage in, an offence against a law of the Commonwealth. The Court emphasised that the power to compel the production of documents under s 29 is a significant one and requires a proper evidentiary basis to justify its exercise. The Court also considered the requirements for service of such notices.

The High Court ordered that the appeal be dismissed and that the declarations and injunctions granted by the Federal Court be affirmed.