New South Wales Crime Commission v Roiss

The case before the Court involved the New South Wales Crime Commission, which sought an ex parte application for a restraining order under the Criminal Assets Recovery Act 1990 (NSW). The application was against Roiss, a defendant who was alleged to have criminal assets. The Court was required to determine whether the evidence provided by the Commission was sufficient to justify the issuance of the restraining order.

The key legal issue before the Court was whether the Commission had demonstrated a sufficient probability of Roiss having committed criminal offences and possessing criminal assets to justify the issuance of the restraining order. The Court needed to balance Roiss's right to procedural fairness against the need for an urgent and swift response to prevent the dissipation of criminal assets. The Court needed to consider the standard of proof required for such an ex parte application and whether the Commission's evidence met this threshold.

The Court found that the Commission had provided sufficient evidence to justify the issuance of the restraining order. The Court was satisfied that there was a real prospect that Roiss had committed criminal offences and possessed criminal assets, and that there was a risk that Roiss would dissipate those assets if not restrained. The Court also found that the ex parte nature of the application did not unduly prejudice Roiss's right to procedural fairness, as he would have the opportunity to challenge the order once it was made. The Court issued the restraining order as sought by the Commission.