The Court held that s 10B(3)(a) of the Criminal Assets Recovery Act 1990 (NSW) permits the Court to make provision for reasonable living expenses when making ex parte restraining orders over all of a defendant's assets worldwide, even without evidence from the defendant about specific expenses or the size of the restrained asset pool. Where a defendant is living in the community on bail and the order covers all assets, the Court concluded it is preferable to include an uncapped allowance for 'reasonable living expenses' (using the statutory language) operative until the first return date, rather than deferring the question entirely. The Court expressly left open the precise scope of 'reasonable' living expenses under the CAR Act — including whether it is confined to 'basic' living expenses — for determination at an inter partes hearing with the benefit of a contradictor.
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