Corruption and Crime Commission given Unexplained Wealth powersCPCA
Legislation has passed in Western Australia to give the Corruption and Crime Commission the power to investigate and litigate Unexplained Wealth matters under the Criminal Property Confiscation Act (WA).
Using frozen money to pay defence legal feesCPCA
It is well established that property frozen under the Criminal Property Confiscation Act is able to be released to fund legal or living expenses. However, WA DPP practice over the last 10 years has been to deny requests to release funds frozen under the CPCA crime-used or crime-derived grounds. I successfully argued in the District Court that property frozen on these grounds could still be released for such expenses.
National Cooperative Scheme on Unexplained WealthConfiscations & Proceeds of Crime, POCA
The Unexplained Wealth Legislation Amendment Bill 2018 proposes a ‘National Cooperative Scheme on Unexplained Wealth’. In this article I address the utility of this scheme and raise some issues with its proposed operation.
Literary Proceeds: Will Schapelle Corby lose another interview fee to Proceeds of Crime laws?POCA
Convicted drug trafficker and personality Schapelle Corby has given an interview to Australian magazine Women’s Day. This interview, purportedly about her future and not her past offence, is due to be published March 2018. But can the interview fee still be confiscated as Literary Proceeds under Proceeds of Crime laws?
Criminal Property Confiscation Act WA: Jurisdictional limitsCPCA
How should the value of frozen property be calculated for purposes of the jurisdictional limits of the Magistrates’ Court (and by extension, the District Court)? The correct calculation has been held to be based on the total value of the frozen property; contrary to previous practice.
Proceeds of Crime compulsory examinationsPOCA
The South Australia District Court recently published an interesting (and lengthy) decision considering the interaction of compulsory examinations under s 180 Proceeds of Crime Act 2002 (Cth) with the accusatorial criminal process: R v Ruzehaji (No 2)  SADC 119.
Recovering costs when Police drop a chargeCrime
Can you recover legal costs against the police? The situation in Western Australia and the options for the accused when police drop a charge before trial.
AUSTRAC v Commonwealth Bank of AustraliaAML/CTF
In 2015 the Financial Action Task Force (FATF) assessed the effectiveness of Australia’s Anti Money Laundering and Counter Terrorism Financing regime. The April 2015 report suggested more enforcement action. This may have prompted AUSTRAC’s investigation into the Commonwealth Bank.
Unexplained Wealth: CCC powers under the Criminal Property Confiscation Act (WA)CPCA
The WA government has introduced legislation amending the Criminal Property Confiscation Act 2000 (WA) to give the CCC power to investigate and litigate Unexplained Wealth matters. This has potentially significant consequences. I consider those effects.
Secure encrypted communications between lawyers and clientsCommercial Litigation, Confiscations & Proceeds of Crime, Crime
I explain the reasons why it may be appropriate to consider using a secure, encrypted service for communications between lawyer and client. I consider various apps including Wickr, BlackBerry BBM, Signal, WhatsApp across multiple platforms.