I will be presenting at Legalwise Seminars’ Criminal Law Symposium in Perth on 26 March 2015. My presentation is on the topic of Drug Trafficker cases under the Criminal Property Confiscations Act 2000 (WA). Read more
Blog Posts
Offsetting claims and Statutory Demands
The WA Supreme Court has construed the words “cross-demand” in s 459H Corporations Act broadly (see Qube Logistics v United Equipment), thus allowing a wide category of debts (that could not be pleaded as a set off in debt recovery proceedings) to be classed as “offsetting claims.” Read more
FATF report pending: Scrutiny of AUSTRAC’s effectiveness
Australia has recently undergone a Financial Action Task Force (FATF) evaluation. A recent Radio National program considers AUSTRAC’s emphasis on education rather than regulation and enforcement and analyses its effectiveness. Read more
High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & Jin
The High Court stayed Proceeds of Crime action pending the criminal trial in Commissioner of AFP v Zhao & Jin handed down 12 February 2015. The judgment considers sections 319 and 266A of the Proceeds of Crime Act 2002. Read more
Effect of proceeds of crime orders on sentence
The Western Australian Court of Appeal has delivered an important judgment, R v Host, which considers the proper approach to sentencing an offender whose property has been the subject of orders made under the Proceeds of Crime Act 2002 (Cth). The Court gave detailed consideration to s 320 Proceeds of Crime Act 2002 (Cth). It allows for a sentence to be reduced where the offender has cooperated with proceeds of crime authorities. Read more
How to simplify costs orders
Simplifying costs orders and avoiding a complex taxation of costs. The January 2015 Court of Appeal (WA) decision in Nelson v Moorcraft provides practical guidance. Read more
Man Haron Monis – previous Constitutional challenge
Man Haron Monis, at the centre of the deadly Lindt Cafe siege in Sydney, had previously challenged validity of a provision of the Criminal Code claiming it infringed the implied freedom of political communication. Read more
Wellington Capital Limited v ASIC: Case Note
On 5 November 2014 the High Court in Wellington Capital Limited v ASIC held a responsible entity could not distribute property in specie to managed investment scheme unit holders. Read more
Possessing unlawfully obtained property
The maximum penalty for possessing stolen or unlawfully obtained property (including cash) under the Criminal Code (WA) has recently been increased. The offence is now an either way indictable charge. Read more
Criminal Property Confiscation & Proceeds of Crime CPD
The Law Society of Western Australia is offering a CPD (CLE) seminar on Confiscations and Proceeds of Crime to be held in Perth on 6 November 2014. My session will explore the typical interlocutory steps in litigating a matter under either the Criminal Property Confiscation Act 2000 (WA) or the Proceeds of Crime Act 2002 (Cth). Read more