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Commissioner of the Australian Federal Police v Song & Ors (Subpoena Objection) [2023] VSC 273
PRACTICE AND PROCEDURE
Supreme Court of Victoria
Division:
Common Law Division
Judge(s):
Forbes J
Parties:
In the matter of the Proceeds of Crime Act 2002 (Cth) & in the matter of property suspected of being proceeds of an indictable offence, a foreign indictable offence and/or an instrument of serious offences & in the matter of the suspect, Song, Jian; The Commissioner of the Australian Federal Police v Song, Xueyue; Song, Jian and AMG Australia Investment Unit P/L (ACN 606 410 388) In the matter of the Proceeds of Crime Act 2002 (Cth) & in the matter of property suspected of being proceeds of an indictable offence, a foreign indictable offence and/or an instrument of serious offences & in the matter of the suspect, Jiang, Hai; The Commissioner of the Australian Federal Police v Song, Xueyue; Song, Jian and AMG Australia Investment Unit P/L (ACN 606 410 388)
Judgment Date:
24 May 2023
Catchwords:
PRACTICE AND PROCEDURE - Confiscation proceedings - Subpoenas to produce documents - Documents sought in application to stay proceedings as an abuse of process - Application to set aside subpoenas - Whether a legitimate forensic purpose is identified - Whether documents seek discovery or are a fishing expedition - Whether stay application wholly a statutory construction exercise - Mutual Assistance in Criminal Matters Act 1987 (Cth) - Proceeds of Crime Act 2002 (Cth) - Legitimate forensic purpose not identified for categories of documents sought - Subpoenas set aside.
Citation: