New South Wales Crime Commission v Hughes

The New South Wales Crime Commission sought an ex parte application for a restraining order under the Criminal Assets Recovery Act 1990 against Hughes, who was suspected of involvement in criminal activities. The application was made in the Supreme Court of New South Wales, with the Court exercising its discretion under section 24 of the Act. The Commission argued that Hughes had engaged in criminal conduct and had assets that were proceeds of crime, warranting the restraining order to prevent dissipation of these assets.

The court was required to decide whether the Commission had satisfied the necessary threshold to justify the making of an ex parte restraining order. This involved assessing the information provided by the Commission as to the likelihood of Hughes being involved in criminal conduct, and whether the order was necessary to prevent the dissipation of assets. The court had to balance the need for a swift response against the potential impact on Hughes' rights to a fair hearing.

The court found that the Commission had provided sufficient evidence to support the making of the restraining order. The Commission demonstrated a strong likelihood of Hughes' involvement in criminal conduct and that he held assets that were proceeds of that crime. The court concluded that the order was necessary to prevent the dissipation of these assets. The court exercised its discretion to make the order, recognising the balance between the urgency of the matter and the need for procedural fairness. The court emphasised the importance of ensuring that the individual's right to a fair hearing would be preserved in future proceedings.

The court made the restraining order, effective immediately, and directed Hughes to provide information regarding the assets in question. The order mandated that Hughes refrain from dealing with the identified assets and required the Commission to notify Hughes of any further proceedings. The court also scheduled a hearing to review the order and determine whether it should be made permanent.