Commissioner of the Australian Federal Police application re matter 2013/379002

[2014] NSWSC 900

Supreme Court

New South Wales

Medium Neutral Citation:

Commissioner of the Australian Federal Police application re matter 2013/379002 [2014] NSWSC 900

Hearing dates:

3 July 2014

Decision date:

03 July 2014

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Orders as per Applicant's Short Minutes of Order in the following terms:

1. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the Court orders that the property specified in the Schedule, less the costs and expenses owing to the Official Trustee in Bankruptcy, be forfeited to the Commonwealth;

2. Pursuant to section 58 of the Proceeds of Crime Act 2002 (Cth), Citigroup Pty Ltd is ordered to transfer to the Official Trustee in Bankruptcy any funds remaining in Citigroup Pty Ltd account number 426619656 in the name of Peter R Provest within 7 days of the date of this order;

3. Pursuant to section 58 of the Proceeds of Crime Act 2002 (Cth), Citigroup Pty Ltd is ordered to transfer to the Official Trustee in Bankruptcy any funds remaining in Citigroup Pty Ltd account number 430933-119 in the name of Peter R Provest within 7 days of the date of this order;

4. Pursuant to section 69 of the Proceeds of Crime Act 2002 (Cth), the Commonwealth have leave to deal with the property immediately.

5. There is no order as to costs;

6. Liberty to apply.

SCHEDULE

Funds standing to the credit of Citigroup Pty Ltd account number 426619-656 in the name of Peter R Provest.

Funds standing to the credit of Citigroup Pty Ltd account number 430933-119 in the name of Peter R Provest.

Catchwords:

CRIMINAL LAW - proceeds of crime - forfeiture order

Legislation Cited:

Proceeds of Crime Act 2002 (Cth)

Category:

Interlocutory applications

Parties:

The Commissioner of the Australian Federal Police (Applicant)
In the matter of funds standing to the credit of Citigroup Pty Ltd - CHECK

Representation:

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

File Number(s):

2013/379002

Judgment

1. By summons filed 7 December 2013 the Commissioner of the AFP sought a restraining order and ultimately forfeiture of moneys in two Citigroup accounts. On 17 December restraining orders in respect of the money were made.

1. The Commissioner now applies under s 49 of the Proceeds of Crime Act 2002 (Cth) for forfeiture of the money. Section 49 provides that the court must make an order that the property is forfeited to the Commonwealth if certain conditions set out in this section are met. Relevantly, those conditions are: that it is a responsible authority applying, and I find that that is so.

1. Secondly, the restraining order must have been in force for at least six months. I have already referred to the fact that the restraining order was made on 17 December 2013.

1. The requirement that the court be satisfied that the property - to use a general term - derives from indictable offences or is associated with them, as s 49(1)(c) requires, does not need to be satisfied if no application has been made under Div 3 of Pt 2-1 for the property to be excluded - subs (3). I am satisfied on the evidence that, although it was indicated at an earlier time that such an application would be made by Knightsbridge North Lawyers, no such application has in fact been made by them. They have not appeared this morning when called.

1. Finally, the court must be satisfied that the authority has taken reasonable steps to identify and notify persons with an interest in the property. I am satisfied from the affidavit of Trenton Andrew Schmidt sworn 29 January 2014 that all reasonable steps have been taken to identify and notify any person who has or might have an interest in the property.

1. In those circumstances, I make orders 1 to 4 contained in the Short Minutes of Order. I note that there is no order as to costs. I grant liberty to apply.

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Decision last updated: 04 July 2014