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Edward Greaves

Edward Greaves

Perth Barrister

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    • Criminal Property Confiscation Act
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Confiscations & Proceeds of Crime

A warning to law enforcement – proposed examinees are entitled to notice of applications for compulsory examination orders

3 May 2022 By Edward Greaves Leave a Comment

The WA Court of Appeal has provided perhaps the clearest warning yet that orders for compulsory examination under the Proceeds of Crime Act 2002 (Cth) should not ordinarily be made without notice to the proposed examinee.  Read more

Filed Under: Proceeds of Crime Act

Legal Professional Privilege and Proceeds of Crime

15 October 2021 By Edward Greaves Leave a Comment

Legal professional privilege is often taken for granted by lawyers; and for that matter by some clients. This post discusses its application in the context of proceeds of crime and confiscation matters. Lawyers acting in such matters need to be particularly on guard in relation to the privilege.  Read more

Filed Under: Confiscations & Proceeds of Crime

Settling confiscations & proceeds of crime matters

1 August 2021 By Edward Greaves Leave a Comment

If your client is facing proceeds of crime or criminal property confiscation proceedings it is worth getting specialist advice early.

This will allow your client to make an informed decision, and put forward an appropriate settlement offer. This will maximise the prospects of success and minimise the costs and uncertainty of litigation. Read more

Filed Under: Confiscations & Proceeds of Crime

Effective Control under the Criminal Property Confiscation Act

1 August 2021 By Edward Greaves Leave a Comment

Decisions under the Criminal Property Confiscation Act 2000 (WA) about whether property is ‘effectively controlled’ by a person who has been convicted of an offence are relatively rare.

Allanson J has recently published such a decision: Dang v the State of Western Australia [2020] WASC 419. Whilst it contains no new principles it is a useful example of the way the Courts approach effective control.  Read more

Filed Under: Criminal Property Confiscation Act 2000

Costs orders and the Proceeds of Crime Act 2002

21 December 2020 By Edward Greaves Leave a Comment

The NSW Court of Appeal has provided guidance on the approach to costs orders made in favour of people who have successfully defended action under the Proceeds of Crime Act 2002 (Cth): Gwe v Commissioner of the Australian Federal Police (No 2) [2020] NSWCA 350. Read more

Filed Under: Proceeds of Crime Act

Success for an innocent party under the Proceeds of Crime Act 2002 (Cth)

6 October 2020 By Edward Greaves Leave a Comment

The NSW Court of Appeal handed down its decision in Gwe v the Commissioner of the AFP on 2 October 2020. This decision is significant, as it is the first time innocent victims of cuckoo smurfing have been successful in an appellate court. Read more

Filed Under: Proceeds of Crime Act Tagged With: cuckoo smurfing

Proceeds of Crime laws and Hardship

20 September 2020 By Edward Greaves Leave a Comment

The Victorian Court of Appeal concluded that there is no mechanism by which ‘hardship’ can be taken into account when property is automatically forfeited as a result of a conviction of a serious offence. Read more

Filed Under: Proceeds of Crime Act

Property restrained under both section 18 and 19 of the Proceeds of Crime Act 2002

31 July 2020 By Edward Greaves Leave a Comment

The Supreme Court of Victoria has published a decision, Song v Commissioner of Australian Federal Police [2020] VSC 465, considering the proper construction of s27 of the Proceeds of Crime Act 2002 (Cth) (POCA). Read more

Filed Under: Proceeds of Crime Act

Criminal Property Confiscation Act report by the Hon Wayne Martin

8 December 2019 By Edward Greaves 3 Comments

The Hon Wayne Martin AC QC’s report on the Criminal Property Confiscation Act 2000 (WA) was tabled in the Western Australian Parliament in December 2019. Mr Martin made a number of recommendations including the complete redrafting of the Criminal Property Confiscation Act, and introducing a discretion to decline confiscation in the public interest. Read more

Filed Under: Criminal Property Confiscation Act 2000

Lordianto & Kalimuthu: Rights for Innocent Parties under the Proceeds of Crime Act 2002 (Cth)

13 November 2019 By Edward Greaves 4 Comments

The High Court found against both Mr and Mrs Lordianto and Mr and Mrs Kalimuthu. The judgment does not preclude success for other innocent cuckoo smurfing victims. It is a question of fact, analogous to the concept of a bona fide purchaser for value without notice. Read more

Filed Under: Proceeds of Crime Act Tagged With: cuckoo smurfing

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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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