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. Read more
Blog Posts
Proceeds of Crime compulsory examinations
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) [2017] SADC 119. Read more
Recovering costs when Police drop a charge
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. Read more
AUSTRAC v Commonwealth Bank of Australia
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. Read more
Unexplained Wealth: CCC powers under the Criminal Property Confiscation Act (WA)
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. Read more
Secure encrypted communications between lawyers and clients
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. Read more
AFP ordered to return money to innocent cuckoo smurfing victim under the Proceeds of Crime Act 2002
The AFP attempted to use the Proceeds of Crime Act to restrain property of innocent victims of money laundering. The circumstances of this case were highly suggestive of ‘cuckoo smurfing’. The WA Supreme Ct ordered the AFP to return the innocent victim’s money. I acted for the successful innocent parties in this matter. Read more
Recovering money seized by WA Police
Some notes on how to recover money from WA Police where the client has not been charged and has not been served with a Freezing notice under the Criminal Property Confiscation Act. Read more
Derivatives and the Misuse of Drugs Act 1981
When a substance is a derivative of a prohibited drug for offences eg possess, sell, supply under the Misuse of Drugs Act: guidance from the Court of Appeal in the recent decision of Clegg v WA [No 2]. Read more
Privilege against self-incrimination for companies and their directors
Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more