The Commissioner of the Australian Federal Police v Cranston (No 13)

The Commissioner of the Australian Federal Police brought proceedings against the respondent, Cranston, in the Federal Circuit and Family Court of Australia, seeking a declaration of beneficial ownership of proceeds of crime. The matter arose out of an investigation into Cranston's alleged involvement in the importation of undeclared goods, which resulted in a substantial amount of money being seized from his bank accounts. The Commissioner sought to establish that the seized funds were proceeds of Cranston's criminal activity and to recover the amount.

The court had to determine whether the Commissioner had established, on the balance of probabilities, that the funds in question were indeed proceeds of crime. The court also had to decide whether the Commissioner's application for an order for the release of Cranston from the undertakings as to costs and damages was justified. The respondent argued that the Commissioner had not provided sufficient evidence to establish the criminal origin of the funds and that the application for release from the undertakings should be dismissed.

The court held that the Commissioner had made out a prima facie case that the funds were proceeds of crime. The Commissioner's evidence, including financial records and expert testimony, was sufficient to satisfy the balance of probabilities threshold. The court also found that the Commissioner's application for release from the undertakings was appropriate, given that the Commissioner had established a case against Cranston and that the respondent had not demonstrated any likelihood of the Commissioner's claims being dismissed. The court ordered that Cranston be released from the undertakings as to costs and damages.