Registering Foreign Restraining Orders in NSW Supreme Court

The court registered a restraining order issued by a UK court under the Mutual Assistance in Criminal Matters Act 1987, after confirming compliance with the relevant authorisation and ensuring it did not contravene the interests of justice.

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australia Federal Police v [NAME] [2014] NSWSC 324 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Common Law Before: Davies J Decision: Orders made as Plaintiff's SMO in the following terms:

1. Pursuant to rule 6.15 of the Uniform Civil Procedure Rules (NSW), this Summons be made returnable immediately. Restraining Orders 2. Pursuant to section 34A of the Mutual Assistance in Criminal Matters Act 1987 (Cth) the Restraining Order issued by the Honourable Mr Justice Charles in the United Kingdom by the High Court of Justice, Queens Bench Division on 17 October 2012 be registered in the Supreme Court of New South Wales. Other Orders 3. The proceedings be adjourned for directions before the Common Law Registrar on 17 July 2014 at 9:00am.

4. These orders be entered forthwith.

5. The parties have liberty to restore on three days' written notice. Catchwords: PROCEDURE - assistance to foreign courts - proceeds of crime - registration of foreign judgment Legislation Cited: Mutual Assistance in Criminal Matters Act 1987 (Cth) Uniform Civil Procedure Rules Category: Interlocutory applications Parties: Commissioner of the Australia Federal Police (Plaintff) [NAME] (Defendant) Representation: Counsel: [redacted] No appearance (Defendant) Solicitors: [redacted] No appearance (Defendant) File Number(s): 2014/82531

Judgment 1Application is made under section 34A of the Mutual Assistance in Criminal Matters Act 1987 (Cth) to register a restraining order issued by the Honourable Mr Justice Charles in the High Court of Justice, Queens Bench Division of the United Kingdom on 17 October 2012. 2Under s 34A, if a Proceeds of Crime Authority applies to a court, with proceeds jurisdiction, for registration of a foreign order in accordance with an authorisation under that subdivision of the Act, the court must register the order accordingly unless the court is satisfied it would be contrary to the interests of justice to do so. 3I am satisfied, having read the affidavit of [NAME] sworn 18 March 2014 and the exhibits to that affidavit, that an application has been made in accordance with an authorisation under that part of the Act and that this court has proceeds jurisdiction. 4I am also not satisfied that it would be contrary to the interests of justice to register the order. 5In those circumstances, I make an order in terms of paragraph 2 of the draft order provided to me. I will stand the proceedings over to the Common Law Registrar's list on 17 July 2014 at 9am. I direct the orders be entered forthwith. The summons and the affidavit may be filed in court.

********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 27 March 2014