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Edward Greaves

Edward Greaves

Perth Barrister

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    • Criminal Property Confiscation Act
    • AMLCTF
    • Unexplained Wealth Laws
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Criminal Property Confiscation Act 2000

Cases and Commentary on the Criminal Property Confiscation Act 2000 (WA). For further information, review my overview of the Criminal Property Confiscation Act.

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

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

Innocently acquired inheritance confiscated under the Criminal Property Confiscation Act 2000

4 August 2018 By Edward Greaves 1 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

Filed Under: Criminal Property Confiscation Act 2000

Corruption and Crime Commission given Unexplained Wealth powers

1 July 2018 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

Filed Under: Criminal Property Confiscation Act 2000

Using frozen money to pay defence legal fees

24 June 2018 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

Filed Under: Criminal Property Confiscation Act 2000

Criminal Property Confiscation Act WA: Jurisdictional limits

5 January 2018 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

Filed Under: Criminal Property Confiscation Act 2000

Unexplained Wealth: CCC powers under the Criminal Property Confiscation Act (WA)

27 August 2017 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

Filed Under: Criminal Property Confiscation Act 2000

Recovering money seized by WA Police

6 March 2017 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

Filed Under: Criminal Property Confiscation Act 2000

Family Law: Confiscations & Proceeds of Crime

9 May 2016 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000, Proceeds of Crime Act Tagged With: confiscations, criminal property confiscation, family law, proceeds of crime

CPCA – Crime-Used and Crime-Derived Confiscation Cases

21 November 2015 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

Filed Under: Criminal Property Confiscation Act 2000

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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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