Appeals from refusals to make restraining orders under s 10 of the Criminal Assets Recovery Act 1990 are governed by the Warren v Coombes standard (inference from facts) rather than the House v The King standard (discretion), because the ex parte nature of the application means the appeal is the only occasion on which the affected person can be heard. In supporting affidavits, it is not necessary to identify the ultimate source of hearsay information as long as the author of the police Facts Sheet is adequately identified and was involved in the investigation. The mere laying of a charge does not establish reasonable grounds for suspicion.
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