Commissioner of the Australian Federal Police v Hills Greenery Pty Limited

EX TEMPORE JUDGMENT (revised)

1. The Commissioner of the Australian Federal Police ("the Commissioner") moves the Court in its Duty List this morning for orders contained within short minutes of order pursuant to, inter alia, s 49 of the Proceeds of Crime Act 2002 (Cth).
2. It may be mentioned at the outset that the short minutes of order were originally styled as "consent orders" but were amended to the form that I have described as a result of the non-appearance of the third defendant whose property is sought to be affected by the orders sought within the short minutes of order. That property, to which I will return, is real property located at 248 Kiowarrah Road, Bevendale, New South Wales, lot 248 deposited plan 821796, and being the whole of the land in the identifier folio 248/821796 ("the property").
3. The matter has proceeded as against the third defendant ex parte as a result of the non-appearance of the third defendant or his legal representative in the proceedings today.
4. I have formed the view that the matter should proceed in that fashion as, in my view, on the evidence before the Court, including a supplementary statement after inquiry made by the legal representative for the Commissioner upon the request of the Court, there was proper service of materials relevant to the application and notice of the proceedings, in particular, the intention of the Commissioner to move for forfeiture orders in the matter described in the application to which I have referred earlier in this judgment.
5. Overall, the evidence of the Commissioner consisted of the following: 1. An affidavit of Rachel Elizabeth Meltser affirmed 26 March 2023 which goes to the question of service and the value of property; 2. The affidavit of Joseph Khoury sworn on 24 March 2023 which goes to the question of service; 3. The affidavit of Justin Veitch; 4. The second affidavit of Alexandra Navarrette, which was read in part, and the accompanying exhibit in the proceedings accompany that affidavit marked Exhibit E at pages 1, 2 and 74 to 78 (Exhibit AN-1).