Ng v Commissioner of the Australian Federal Police

The appeal was brought by Ms Ng and Mr Cha against orders made by the Supreme Court of Western Australia under the Proceeds of Crime Act 2002 (Cth). The orders included restraining orders, which prevented the appellants from disposing of specified property, and examination orders, which required the appellants to be examined about their affairs. The appellants argued that the orders were unlawful and that they were not given adequate reasons for the orders. The appeal was heard by Buss, Murphy and Jamieson JJA. The appeal was allowed in part. The examination orders were set aside but new examination orders were made by the court. The restraining orders were not set aside. The court found that the primary judge had given adequate reasons for the restraining orders but had not given adequate reasons for the examination orders. The court also found that there was a proper basis for the restraining orders.