Commissioner of the Australian Federal Police v Zhao

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, KIEFEL, BELL AND KEANE JJCOMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE  APPELLANTANDQING ZHAO & ANOR  RESPONDENTSCommissioner of the Australian Federal Police v Zhao[2015] HCA 512 February 2015M92/2014ORDERAppeal dismissed with costs.On appeal from the Supreme Court of VictoriaRepresentationJ T Gleeson SC, Solicitor-General of the Commonwealth with D J Neal SC and P Kulevski for the appellant (instructed by Australian Federal Police – Proceeds of Crime Litigation)T D Best for the respondents (instructed by Chiodo & Madafferi)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCommissioner of the Australian Federal Police v ZhaoJurisdiction, practice and procedure – Adjournment, stay of proceedings or order restraining proceedings – Matters connected with conduct of defence – Where respondent charged with offence – Where appellant applied for forfeiture order under s 49 of the Proceeds of Crime Act 2002 (Cth) ("the Act") against property that is proceeds of crime – Whether forfeiture proceedings should be stayed until criminal proceedings are finalised – Whether refusal to stay forfeiture proceedings creates risk of prejudice in criminal proceedings – Whether respondent must state specific matters of prejudice before stay will be granted.Statutes – Interpretation – Forfeiture of proceeds of crime – Stay of forfeiture proceedings – Where appellant applied for forfeiture order under s 49 of the Act – Where issues in forfeiture proceedings and criminal proceedings are substantially identical – Whether forfeiture proceedings should ordinarily continue.Words and phrases – "prejudice".Proceeds of Crime...