The WA Court of Appeal has provided perhaps the clearest warning yet that orders for compulsory examination under the Proceeds of Crime Act 2002 (Cth) should not ordinarily be made without notice to the proposed examinee. Read more
Blog Posts
Martino report into the WA Corruption and Crime Commission’s Unexplained Wealth powers
An important report on the Criminal Property Confiscation Act 2000 (WA) has just been tabled in the WA Parliament. It is a report written by a former Supreme Court judge, the Honourable Mr Peter Martino. The report concerns the use of the unexplained wealth (UEW) powers by the WA Corruption and Crime Commission (CCC). Read more
Legal Professional Privilege and Proceeds of Crime
Legal professional privilege is often taken for granted by lawyers; and for that matter by some clients. This post discusses its application in the context of proceeds of crime and confiscation matters. Lawyers acting in such matters need to be particularly on guard in relation to the privilege. Read more
Settling confiscations & proceeds of crime matters
If your client is facing proceeds of crime or criminal property confiscation proceedings it is worth getting specialist advice early.
This will allow your client to make an informed decision, and put forward an appropriate settlement offer. This will maximise the prospects of success and minimise the costs and uncertainty of litigation. Read more
Effective Control under the Criminal Property Confiscation Act
Decisions under the Criminal Property Confiscation Act 2000 (WA) about whether property is ‘effectively controlled’ by a person who has been convicted of an offence are relatively rare.
Allanson J has recently published such a decision: Dang v the State of Western Australia [2020] WASC 419. Whilst it contains no new principles it is a useful example of the way the Courts approach effective control. Read more
Costs orders and the Proceeds of Crime Act 2002
The NSW Court of Appeal has provided guidance on the approach to costs orders made in favour of people who have successfully defended action under the Proceeds of Crime Act 2002 (Cth): Gwe v Commissioner of the Australian Federal Police (No 2) [2020] NSWCA 350. Read more
Discount for an early plea of guilty
Useful guidance on the appropriate discount for an early plea of guilty for WA state offences including Criminal Code and Misuse of Drugs Act 1981 offences. Read more
Success for an innocent party under the Proceeds of Crime Act 2002 (Cth)
The NSW Court of Appeal handed down its decision in Gwe v the Commissioner of the AFP on 2 October 2020. This decision is significant, as it is the first time innocent victims of cuckoo smurfing have been successful in an appellate court. Read more
Proceeds of Crime laws and Hardship
The Victorian Court of Appeal concluded that there is no mechanism by which ‘hardship’ can be taken into account when property is automatically forfeited as a result of a conviction of a serious offence. Read more
Property restrained under both section 18 and 19 of the Proceeds of Crime Act 2002
The Supreme Court of Victoria has published a decision, Song v Commissioner of Australian Federal Police [2020] VSC 465, considering the proper construction of s27 of the Proceeds of Crime Act 2002 (Cth) (POCA). Read more