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
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 as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more
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
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
The High Court struck down the Bell Act (WA) in Bell Group NV (in Liquidation) v Western Australia  HCA 21 on 16 May 2016. Read more
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
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
On 20 November 2015 I delivered a presentation on the CPCA 2000 – Crime Used and Crime Derived Cases.
The full text paper is available for free download. Read more
Federal offenders are almost exclusively dealt with in State courts. In some matters courts have compared criminality in federal offending and state offending. As a result of this there has been some divergence in the range of sentences across the states and territories. The High Court in The Queen v Pham  HCA 39 held offenders should be sentenced in accordance with the range of sentences across all states and territories.
The High Court also affirmed the proposition that quantity of drugs is not the sole determiner of the appropriate sentence. Read more