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Edward Greaves

Edward Greaves

Perth Barrister

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    • Proceeds of Crime Act
    • Criminal Property Confiscation Act
    • AMLCTF
    • Unexplained Wealth Laws
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Blog Posts

Foreign investment in Australian property

6 May 2015 By Edward Greaves Leave a Comment

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

Filed Under: Regulatory

Drug Trafficker Cases – Criminal Property Confiscation Act

30 March 2015 By Edward Greaves Leave a Comment

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

Filed Under: Criminal Property Confiscation Act 2000 Tagged With: CPCA

CPD Seminar on Drug Trafficker Cases

5 March 2015 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime Tagged With: CPCA

Offsetting claims and Statutory Demands

4 March 2015 By Edward Greaves Leave a Comment

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

Filed Under: Commercial Litigation, Corporations

FATF report pending: Scrutiny of AUSTRAC’s effectiveness

25 February 2015 By Edward Greaves Leave a Comment

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

Filed Under: AML/CTF, Banks, Confiscations & Proceeds of Crime, Regulatory

High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & Jin

12 February 2015 By Edward Greaves Leave a Comment

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

Filed Under: Proceeds of Crime Act Tagged With: CPCA

Effect of proceeds of crime orders on sentence

8 February 2015 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime

How to simplify costs orders

31 January 2015 By Edward Greaves Leave a Comment

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

Filed Under: Commercial Litigation Tagged With: costs

Man Haron Monis – previous Constitutional challenge

16 December 2014 By Edward Greaves Leave a Comment

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

Filed Under: Crime Tagged With: constitutional

Wellington Capital Limited v ASIC: Case Note

5 November 2014 By Edward Greaves Leave a Comment

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

Filed Under: Corporations

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Edward Greaves
Barrister

Francis Burt Chambers
Level 25, 77 St George’s Terrace Perth, Western Australia

email: ewg@egreaves.com.au
mobile: +61 417 921 300
desk: +61 8 9220 0592

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