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[2026] NSWSC 1103
Supreme Court of NSW
2026-09-14
Elkaim AJ
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Application of the Commissioner of the Australian Federal Police; In the matter of Singh [2026] NSWSC 1103
Hearing dates: 14 September 2026
Date of orders: 14 September 2026
Decision date: 14 September 2026
Jurisdiction: Common Law
Before: Elkaim AJ
Decision: I make the orders in the Consent Order signed on behalf of the plaintiff on 6 July 2026, and by Mr Sarpreet Singh on 9 July 2026
Catchwords: CRIME — consent orders made under s 316 of the Proceeds of Crime Act 2002 (Cth) — no issue of principle
Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 19, 38, 49, 69(2), 316
Category: Principal judgment
Parties: Commissioner of the Australian Federal Police (Plaintiff)
Sarpreet Singh (Defendant)
Representation: Counsel:
I Stojanovic
Solicitors:
Australian Federal Police (Plaintiff)
File Number(s): 2026/233441
Publication restriction: No
The plaintiff is the Commissioner of the Australian Federal Police. On 5 June 2026 the Commissioner filed a summons seeking orders under the Proceeds of Crime Act 2002 (Cth) (the Act).
The orders concern the bank accounts of eight different entities (one with two accounts) all of which have as their sole director and shareholder, or governing mind, a Mr Sarpreet Singh. The companies were involved in the sale of illegal vaping products.
Mr Singh, on 9 July 2026, signed a ‘Consent Order’, consenting to the orders sought in the summons. He is currently “offshore” and did not appear in person or by a legal representative.
Absent the Consent Order, the plaintiff would have been required to establish its entitlement to the orders sought pursuant to one or more of ss 19, 38, 49, and 69(2) of the Act.
Section 316 of the Act states:
(1) A court may make an order in a proceeding under Chapter 2 with the consent of:
(a) the applicant in the proceeding; and
(b) everyone whom the court has reason to believe would be affected by the order.
(2) The order may be made:
(a) without consideration of the matters that the court would otherwise consider in the proceeding; and
(b) if the order is an order under section 47 (forfeiture orders relating to conduct constituting serious offences) or 49 (forfeiture orders relating to property suspected of proceeds of indictable offences etc.)—before the end of the period of 6 months referred to in paragraph 47(1)(b) or 49(1)(b) (as the case requires).
The orders sought here all fall within Chapter 2, giving me the ability to make the orders sought by the plaintiff “without consideration of the matters the court would otherwise consider in the proceeding”. For this purpose, I am satisfied that Mr Singh is the “everyone whom the court has reason to believe would be affected by the order”.
Accordingly, I make the orders in the Consent Order signed on behalf of the plaintiff on 6 July 2026 and by Mr Sarpreet Singh on 9 July 2026.
It is noted that the word ‘choose’ in the schedule to the orders is a typographical error for the word ‘chose’.
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