Australian Federal Police (Civil Matters) v Shamsuz Zaman

[2015] NSWSC 696

Supreme Court

New South Wales

Medium Neutral Citation:	Australian Federal Police (Civil Matters) v Shamsuz Zaman [2015] NSWSC 696
Hearing dates:	26 May 2015
Date of orders:	26 May 2015
Decision date:	26 May 2015
Jurisdiction:	Common Law
Before:	Hamill J
Decision:	Consent orders made
Catchwords:	CIVIL LAW - Proceeds of Crime – forfeiture orders – no question of principle
Legislation Cited:	Proceeds of Crime Act 2002 (Cth), ss 48, 316
Category:	Principal judgment
Parties:	Plaintiff - Australian Federal Police (Civil Matters) Defendant - Shamsuz Zaman
Representation:	Solicitor: AFP Proceeds of Crime Litigation Unit
File Number(s):	2015/133460

EX TEMPORE Judgment

1. HIS HONOUR: I have before me an application for what are styled consent orders. They are consent orders signed by both the representative of the plaintiff, being the Commissioner of the Australian Federal Police, and the defendant. A slight glitch, very properly raised by the solicitor appearing for the Commissioner, is that the capacity of the signatory under the defendant’s name on the consent orders is not indicated. However, Mr Akbar, has tendered as exhibit A, an email exchange between himself and the law firm of Sydney Criminal Lawyers and specifically the clerk for the solicitor who has carriage of the matter, he being an experienced criminal lawyer.

2. I am satisfied that the orders have been signed by the defendant himself and pursuant to s 316 of the Proceeds of Crime Act 2002 (Cth) may be such orders may be made without consideration of the matters otherwise relevant.

3. It is a case where the defendant has been convicted of an indictable offence and the orders are sought under s 48 so that s 316(2)(b) of the Proceeds of Crime Act 2002 (Cth) which provides certain time restrictions do not apply.

4. Accordingly, I make the consent orders set out in the document handed up in court this morning. These orders are:

TERMS OF ORDER MADE BY THE COURT BY CONSENT

Pursuant to section 316 of the Proceeds of Crime Act 2002 (Cth) the Court orders that:

1. Pursuant to section 17 of the Proceeds of Crime Act 2002 (Cth) the property specified in Schedule One must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders.

2. Pursuant to section 48 of the Proceeds of Crime Act 2002 (Cth) the property specified in Schedule One be forfeited to the Commonwealth.

3. Pursuant to section 69(2) of the Proceeds of Crime Act (Cth) the Commonwealth have leave to deal with the forfeited property immediately.

4.   No order as to costs.

SCHEDULE ONE

The cash amount of AUD 500,000.00 seized by the AFP on 20 October 2014 from a White Fiat with NSW Registration BK66L1 driven by Shamsuz Zaman (recorded on AFP Property Seizure Record A203400), together with any interest earned on that amount.

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Decision last updated: 05 June 2015