Cases and Commentary on the Criminal Property Confiscation Act 2000 (WA). For further information, review my overview of the Criminal Property Confiscation Act.
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
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
By Edward Greaves Leave a Comment
The scope of the Criminal Property Confiscation Act 2000 (WA) is broad. All property owned by a person declared a drug trafficker is liable to be confiscated. This includes a beneficial interest in a deceased estate, even where the property of the deceased was acquired legally. Read more
By Edward Greaves Leave a Comment
Legislation has passed in Western Australia to give the Corruption and Crime Commission the power to investigate and litigate Unexplained Wealth matters under the Criminal Property Confiscation Act (WA). Read more
By Edward Greaves Leave a Comment
It is well established that property frozen under the Criminal Property Confiscation Act is able to be released to fund legal or living expenses. However, WA DPP practice over the last 10 years has been to deny requests to release funds frozen under the CPCA crime-used or crime-derived grounds. I successfully argued in the District Court that property frozen on these grounds could still be released for such expenses. Read more
By Edward Greaves Leave a Comment
How should the value of frozen property be calculated for purposes of the jurisdictional limits of the Magistrates’ Court (and by extension, the District Court)? The correct calculation has been held to be based on the total value of the frozen property; contrary to previous practice. Read more
By Edward Greaves Leave a Comment
The WA government has introduced legislation amending the Criminal Property Confiscation Act 2000 (WA) to give the CCC power to investigate and litigate Unexplained Wealth matters. This has potentially significant consequences. I consider those effects. Read more
By Edward Greaves 2 Comments
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
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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
By Edward Greaves Leave a Comment
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
Francis Burt Chambers
Level 25, 77 St George’s Terrace Perth, Western Australia
email: ewg@egreaves.com.au
mobile: +61 417 921 300
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