CIVIL PROCEDURE — urgent ex parte asset preservation application — where defendants generally on notice of criminal investigations and civil proceedings — where risk of dissipation of funds
CRIME — confiscations — restraining orders and custody and control orders — Proceeds of Crime Act 2002 (Cth), ss 18, 19, 38 — where alleged effective control of corporate accounts — Commonwealth money laundering offences — where authorised officer held reasonable grounds for suspecting money or other property is proceeds of crime — statutory prerequisites satisfied
Quick Take
1Under ss 18 and 19 of the Proceeds of Crime Act 2002 (Cth), once the court is satisfied that an authorised officer holds the requisite suspicions on reasonable grounds, there is no discretion to refuse the restraining order — the order must be made.
2Where bank accounts are frozen only at the discretion of the relevant banks and may be unfrozen at any time without notice to the AFP, this gives rise to a sufficient risk of dissipation to justify urgency and ex parte hearing of a proceeds of crime restraining order application.
3Effective control of corporate bank accounts for the purposes of s 18(2)(c) may be established by circumstantial evidence including possession of bank cards and mobile phones associated with the corporate entities, even where the suspect is not a registered director or account holder.
