By Edward Greaves Leave a Comment
The Western Australian Court of Appeal has considered how the freezing of property under the Criminal Property Confiscation Act 2000 (CPCA) affects a bank’s mortgage.
The Court of Appeal’s recent decision, in Nguyen v DPP (WA) [2026] WASCA 4, provides some clarity. Read more
By Edward Greaves 2 Comments
The legal status of cryptocurrency has been the subject of some debate amongst lawyers, judges and legal academics.
Recent amendments to the Proceeds of Crime Act 2002 (POCA) suggest that the Act is intended to apply to cryptocurrency. Read more
By Edward Greaves Leave a Comment
The Victorian Court of Appeal has recently considered the law in relation to hardship relief under the Proceeds of Crime Act 2002 (Cth) (POCA). Sections 47, 48 and 49 of the POCA provide for forfeiture of property in certain circumstances. In some scenarios the Court will have a discretion to order (or not order) forfeiture. […]
By Edward Greaves 3 Comments
The South Australian Supreme Court has published a potentially important first instance decision about the admissibility of the evidence obtained by the AFP using the AN0M messaging application.
AN0M was an app that was ostensibly highly encrypted and secure. However, it was designed with a back door. Every message sent was copied to the AFP (without a warrant). Read more
By Edward Greaves Leave a Comment
The Mutual Assistance or MA process (sometimes also called MLAT, for Mutual Legal Assistance, process) is often used by law enforcement and prosecution authorities in relation to criminal prosecutions. Australia like many countries allows use of the process for proceeds of crime matters as well. Read more
By Edward Greaves Leave a Comment
The Supreme Court of South Australia has published an important decision about the Criminal Assets Confiscation Act 2005 (SA) (CACA). In Director of Public Prosecutions v Drazetic [2022] SASC 35, Parker J has held that the CACA does not permit the DPP to obtain an order that restrains (freezes) all property that is owned and/or suspected to effectively controlled by an accused. Read more
By Edward Greaves Leave a Comment
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
By Edward Greaves Leave a Comment
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
By Edward Greaves Leave a Comment
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
By Edward Greaves Leave a Comment
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
Francis Burt Chambers
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email: ewg@egreaves.com.au
mobile: +61 417 921 300
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