New South Wales Crime Commission v Schaaf

In the matter of New South Wales Crime Commission v Schaaf, the court considered the application of the New South Wales Crime Commission for restraining orders against an individual, pursuant to section 12 of the Crimes (Serious and Organised Crime Control) Act 2009. The case was heard in the Supreme Court of New South Wales, presided over by Justice Hulme. The New South Wales Crime Commission sought the restraining orders under the ex-parte procedure, citing concerns that the respondent, Schaaf, was engaged in organised crime activities, including drug trafficking and money laundering. The Commission argued that the restraining orders were necessary to prevent Schaaf from continuing his criminal activities and to disrupt his criminal network.

The central legal issues before the court were whether the Commission had established a sufficient case for the ex-parte restraining orders, and whether the court was satisfied that the requirements of section 12 were met. In particular, the court had to determine whether there were reasonable grounds to believe that Schaaf was engaged in organised crime activities, and whether the orders were necessary to prevent serious harm to the public. The Commission had to demonstrate that the restraining orders were proportionate and that there were no less restrictive alternatives available.

Justice Hulme found that the Commission had made out a sufficient case for the restraining orders. The evidence provided by the Commission established a strong likelihood that Schaaf was engaged in organised crime activities, and the court was satisfied that the orders were necessary to prevent serious harm to the public. The judge considered the severity of the alleged activities, the potential for harm, and the likelihood of success in disrupting Schaaf's criminal operations. The court also noted that the orders were proportionate and that there were no less restrictive alternatives available. Accordingly, the court granted the restraining orders as sought by the Commission.

Justice Hulme made the restraining orders sought by the New South Wales Crime Commission, effective immediately. The orders prohibit Schaaf from engaging in a range of activities, including dealing in drugs, possessing firearms, and laundering money. The orders also require Schaaf to comply with a number of conditions, including reporting to police, surrendering his passport, and refraining from contacting certain individuals. The orders remain in place until further order of the court.