Successive applications for restraining and forfeiture orders under the Proceeds of Crime Act 2002 (Cth) are not an abuse of process where the later application is based on a materially different statutory cause of action (here, non-conviction-based confiscation under ss 19 and 49 rather than conviction-based confiscation under ss 17 and 48), no forfeiture application has been finally determined on the merits, and no actual prejudice is demonstrated. The concept of 'public interest' in s 49(4) is broad enough to encompass prejudice or hardship arising from prior proceedings.
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