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
Blog Posts
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
Civil Rights and Civil forfeiture: US perspective
In this article a former US Federal prosecutor makes the case for civil forfeiture. It is a well-written piece by an eminently qualified author. Read more
Panama Papers: the Australian consequences
Perspectives of an ex Federal Prosecutor who is familiar with Mossack Fonseca on likely responses of Australian authorities (ATO, AFP) to the Panama Papers. Read more
High Court finds Bell Act invalid
The High Court struck down the Bell Act (WA) in Bell Group NV (in Liquidation) v Western Australia [2016] HCA 21 on 16 May 2016. Read more
Family Law: Confiscations & Proceeds of Crime
The convergence of family law with criminal property confiscation or proceeds of crime proceedings can complicate matters for both criminal & family lawyers. I set out some basic principles and considerations when your client is affected by both family law and confiscation or proceeds of crime proceedings. Read more
Submissions on civil penalties: Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46
The High Court in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate held that regulators and respondents in civil penalty proceedings can agree a penalty, and that provided the Court is satisfied as to the appropriateness of the agreed penalty, it may impose it. The High Court expressly distinguished Barbaro v The Queen, which was concerned with criminal sentencing. Read more