Gwe v Commissioner of the Australian Federal Police

(2020) 103 NSWLR 509; [2020] NSWCA 247

NSW Court of Appeal

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Interrogate

Catchwords

1. Proceeds of Crime
2. › Restraining orders
3. › Exclusion of property from restraining order
4. › Whether property acquired in circumstances that would not arouse reasonable suspicion
5. › Whether assessment under s 330(4)(a) to be made by reference to actual knowledge of applicant
6. › Proceeds of Crime Act 2002 (Cth), ss 29, 31, 317, 330(4)(a), 338
1. Evidence
2. › Witnesses
3. › Cross-examination
4. › Failure to cross-examine
5. › Rule in Browne v Dunn
6. › Whether inferences adverse to unchallenged witness available in absence of cross-examination
7. › Whether primary judge bound to accept unchallenged evidence
1. Proceeds of Crime
2. › Restraining orders
3. › Exclusion of property
4. › Sufficient consideration
5. › Whether consideration temporally defective
6. › Proceeds of Crime Act 2002 (Cth), ss 330(4)(a), 338

Quick Take

Practitioners seeking exclusion orders under s 330(4)(a) of the Proceeds of Crime Act 2002 (Cth) should note that the 'reasonable suspicion' test is assessed by reference to the applicant's actual knowledge, not constructive knowledge, and that the Commissioner must cross-examine witnesses whose evidence is to be challenged.