New South Wales Crime Commission v Asanovic

The New South Wales Crime Commission sought a restraining order under the Criminal Assets Recovery Act 1990 against Asanovic. The court was asked to consider whether the commission had satisfied the statutory criteria for making an ex parte application for such an order. This case concerned the court's authority to grant an ex parte application for a restraining order under the Criminal Assets Recovery Act 1990. The legal issues before the court were whether the commission had satisfied the statutory criteria for such an application, and if so, whether the order should be made.

The court found that the commission had satisfied the statutory criteria for making the ex parte application for a restraining order. The commission had demonstrated a prima facie case that Asanovic's property was reasonably suspected of being proceeds of crime, and that it was in the public interest to make the order. The court was satisfied that there was a real prospect of the commission proving that Asanovic's property was proceeds of crime. The court considered that the commission had discharged the onus of proof required for an ex parte application, and that the order should be made.

The court granted the commission's application for a restraining order. The court was satisfied that the commission had established a prima facie case that Asanovic's property was proceeds of crime, and that it was in the public interest to make the order. The court found that the commission had discharged the onus of proof required for an ex parte application, and that the order should be made. The restraining order was made, and Asanovic's property was restrained from being dealt with.