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
Blog Posts
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
CPCA – Crime-Used and Crime-Derived Confiscation Cases
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 sentencing: The Queen v Pham
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 [2015] 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
Foreign investment in Australian property
On 2 May 2015 the federal Treasurer, the Hon Joe Hockey MP, announced a reduced penalty period (running from 2 May to 30 November 2015) in which people who have purchased Australian real estate without the necessary approval (or contrary to the conditions on an approval) under the Foreign Acquisitions and Takeovers Act 1975 (Cth) can come forward and voluntarily disclose. The government is also aiming to amend the Foreign Acquisitions and Takeovers Act 1975 to increase criminal penalties and add civil penalties. Read more
Drug Trafficker Cases – Criminal Property Confiscation Act
Presentation on Drug Trafficker Cases under the Criminal Property Confiscation Act 2000 (WA) by Edward Greaves. Full text paper available for free download. Read more