The Commissioner of the Australian Federal Police v Dickson

Before the Court this morning is a notice of motion filed on behalf of the Commissioner of the Australian Federal Police dated 15 May 2015. The notice of motion nominates the first defendant as Anthony James Dickson and there are 16 additional defendants to the proceedings.

By the Notice of Motion the Commission seeks what are essentially ancillary orders to ensure that previous orders of this Court made by her Honour McCallum J and Hi Honour Beech-Jones J can be given full effect.

The plaintiff moves upon the Motion and relies upon an affidavit of Adam Thomas Sandon sworn on 15 May 2015. Mr Sandon is a member of the Australian Federal Police and an authorised officer within the meaning of s 338 Proceeds of Crimes Act 2002, that being the Commonwealth legislation.

Mr Sandon deposes to the orders previously made by McCallum J on 5 April 2012 and those made by Beech-Jones J on 26 April 2012 and provides evidence as to the registration in New Zealand of the restraining orders that were previously issued by this Court. The orders have been registered in New Zealand and have effect in that jurisdiction until 1 June 2015.

The matter is brought before this Court with some degree of urgency bearing in mind that date of 1 June 2015. As at that date the orders will no longer be registered in New Zealand and, of course, would cease to have efficacy in that jurisdiction. Their Honours, in issuing the original orders, plainly were satisfied of those matters which warranted the original restraint orders being issued and it is appropriate to ensure that this Court takes action to facilitate the effect of its orders, so that registration can be extended in New Zealand.

Accordingly on an ex-parte basis I am prepared to make the orders that the plaintiff seeks. Those orders have been reduced to writing in the Short Minutes of Order, and are annexed to this judgment (“Annexure A”)

I make orders in accordance with the Short Minutes of Order, that is I make orders 1, 2, 3, 4, 5, 6, 7 and 8 of the Short Minutes of Order.

Order 8 is to vacate the listing date of the matter on 26 May 2015. I note that that date is now vacated.

I note the Schedule to the short minutes which sets out the details of three bank accounts held in Auckland New Zealand which are relevant to those short minutes of order.

The orders can be sealed forthwith.