Commissioner of the Australian Federal Police v Rifai

Judgment

1. By way of a summons filed 15 July 2019 the Commissioner of the Australian Federal Police ("the plaintiff"), seeks orders pursuant to the Proceeds of Crime Act 2002 (Cth) ("the Act") in respect of the defendants, Alaedine Rifai (also known as Alan Rifai) ("Rifai") and Amal Hilmi ("Hilmi").
2. The orders sought today are forfeiture and ancillary orders.
3. The plaintiff has previously sought and been granted restraining orders in respect of the property of the defendants: Application of the Commissioner of the Australian Federal Police; In the matter of Rifai [2019] NSWSC 914.
4. Ms Minerds appears for the plaintiff and Mr Cummins appears for the defendants.
5. In support of the application the plaintiff relies on affidavits of Scott Michael Mathews affirmed on 11 July 2019 and 20 March 2020 and Catherine Therese Horan sworn 19 March 2020. The plaintiff also relies on affidavits of service of Justin Veitch sworn 4 February 2020 and Perry Gamsby sworn 2 April 2020.
6. The defendants consent to the orders sought today. However, the orders made today do not bring an end to the matter as there are two other properties about which there may be a dispute as to the interests of third parties and there may be possible exclusion applications under the Act.
7. The orders sought are forfeiture orders under s 49 of the Act in respect of four items of property being: 1. Real property situated at 13 Huxtable Place, Goulburn NSW in Hilmi's name; 2. Net proceeds from the sale of the Mercedes E63 with VIN number WDD2120772A117962 registered in the name of Rifai; 3. Porsche Cayenne with VIN number WP1ZZZ927DLA72745 registered in the name of Hilmi; and 4. Audi S3 with VIN number WAUZZZ8P99A111511N registered in the name of Rifai.
8. As set out in s 49 of the Act: Forfeiture orders--property suspected of being proceeds of indictable offences etc. (1) A court with proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if: (a) the responsible authority for a restraining order under section 19 that covers the property applies for an order under this subsection; and (b) the restraining order has been in force for at least 6 months; and (c) the court is satisfied that one or more of the following applies: (i) the property is proceeds of one or more indictable offences; (ii) the property is proceeds of one or more foreign indictable offences; (iii) the property is proceeds of one or more indictable offences of Commonwealth concern; (iv) the property is an instrument of one or more serious offences; and (e) the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an interest in the property.