Commissioner of the Australia Federal Police v Revell-Reade

[2014] NSWSC 324

Supreme Court

New South Wales

Medium Neutral Citation:

Commissioner of the Australia Federal Police v Revell-Reade [2014] NSWSC 324

Hearing dates:

18 March 2014

Decision date:

18 March 2014

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Orders made as Plaintiff's SMO in the following terms:

1. Pursuant to rule 6.15 of the Uniform Civil Procedure Rules (NSW), this Summons be made returnable immediately.

Restraining Orders

2. Pursuant to section 34A of the Mutual Assistance in Criminal Matters Act 1987 (Cth) the Restraining Order issued by the Honourable Mr Justice Charles in the United Kingdom by the High Court of Justice, Queens Bench Division on 17 October 2012 be registered in the Supreme Court of New South Wales.

Other Orders

3. The proceedings be adjourned for directions before the Common Law Registrar on 17 July 2014 at 9:00am.

4. These orders be entered forthwith.

5. The parties have liberty to restore on three days' written notice.

Catchwords:

PROCEDURE - assistance to foreign courts - proceeds of crime - registration of foreign judgment

Legislation Cited:

Mutual Assistance in Criminal Matters Act 1987 (Cth)
Uniform Civil Procedure Rules

Category:

Interlocutory applications

Parties:

Commissioner of the Australia Federal Police (Plaintff)
Jeffrey Robert Revell-Reade (Defendant)

Representation:

Counsel:
L Booth (Plaintiff)
No appearance (Defendant)
Solicitors:
Australian Federal Police (Proceeds of Crime Litigation)
No appearance (Defendant)

File Number(s):

2014/82531

Judgment

1. Application is made under section 34A of the Mutual Assistance in Criminal Matters Act1987 (Cth) to register a restraining order issued by the Honourable Mr Justice Charles in the High Court of Justice, Queens Bench Division of the United Kingdom on 17 October 2012.

1. Under s 34A, if a Proceeds of Crime Authority applies to a court, with proceeds jurisdiction, for registration of a foreign order in accordance with an authorisation under that subdivision of the Act, the court must register the order accordingly unless the court is satisfied it would be contrary to the interests of justice to do so.

1. I am satisfied, having read the affidavit of Georgia Prior sworn 18 March 2014 and the exhibits to that affidavit, that an application has been made in accordance with an authorisation under that part of the Act and that this court has proceeds jurisdiction.

1. I am also not satisfied that it would be contrary to the interests of justice to register the order.

1. In those circumstances, I make an order in terms of paragraph 2 of the draft order provided to me. I will stand the proceedings over to the Common Law Registrar's list on 17 July 2014 at 9am. I direct the orders be entered forthwith. The summons and the affidavit may be filed in court.

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Decision last updated: 27 March 2014