New South Wales Crime Commission v Jean Marco

In the matter of New South Wales Crime Commission versus Jean Marco, the dispute arose from an ex parte application for a restraining order under the Criminal Assets Recovery Act 1990. The commission sought to restrain assets it believed were connected to criminal activities. The case was heard in the Federal Circuit Court of Australia. The primary focus was on whether the statutory interpretation of section 10A of the Act required a temporal or other connection between the reasonably suspected “serious crime related activity” and the interests to be restrained.

The court needed to determine if the statutory language of section 10A required any form of connection, temporal or otherwise, between the suspected criminal activity and the assets to be restrained. Specifically, the issue was whether the commission needed to demonstrate a link between the time of the suspected criminal activity and the acquisition or holding of the assets, or if the mere suspicion of serious crime related activity was sufficient to justify a restraining order.

The court held that the plain language of section 10A did not require a temporal or other connection between the suspected criminal activity and the assets to be restrained. It interpreted the provision to mean that if there was a reasonable suspicion of serious crime related activity, the commission could seek a restraining order on the assets without needing to prove a direct link. The application was dismissed on the basis that the commission had not demonstrated a reasonable suspicion of serious crime related activity in relation to the specified assets. The court found that the evidence presented was insufficient to meet the statutory threshold for making such an order.