The Commissioner of the Australian Federal Police

In the Federal Circuit and Family Court of Australia, the Commissioner of the Australian Federal Police applied for an ex parte restraining order against a person, who was alleged to be involved in a serious criminal investigation. The application was made under the Proceeds of Crime Act 2002, with the aim of preventing the alleged offender from disposing of assets that were suspected to be proceeds of crime. The court was required to determine whether there were reasonable grounds to believe that the person had engaged in criminal conduct and that there were assets that constituted the proceeds of that conduct. The court had to consider whether the application met the threshold requirements for an ex parte order and whether it was in the public interest to grant the order.

The court found that there were reasonable grounds to suspect that the person had engaged in criminal conduct and that there were assets that constituted proceeds of crime. The court was satisfied that the application met the threshold requirements for an ex parte order, and that it was in the public interest to grant the order. The court considered the seriousness of the alleged offences, the risk of the person disposing of assets, and the potential impact on the investigation. The court found that the application was made in good faith and that there were no substantial grounds to oppose the application. The court granted the restraining order in the terms outlined in the short minutes of order.

The court ordered that the person was restrained from disposing of or dealing with certain assets, including a property and a bank account, until further order of the court. The order also required the person to provide details of their assets and income to the Commissioner, and to notify the Commissioner of any changes to those details. The court ordered that the restraining order be served on the person and that the Commissioner provide a copy of the order to the relevant financial institution. The order was made on an ex parte basis, without notice to the person, due to the urgent nature of the application.

The court's decision was based on the evidence presented by the Commissioner, which included statements from law enforcement officers and financial information. The court found that the evidence was sufficient to establish reasonable grounds to suspect that the person had engaged in criminal conduct and that there were assets that constituted proceeds of crime. The court considered the public interest in preventing the disposal of assets that may be used to fund further criminal activity, and the importance of preserving evidence for any future criminal proceedings. The court was satisfied that the order was necessary to achieve these objectives and that it was proportionate to the risk posed by the person.