Innocently acquired inheritance confiscated under the Criminal Property Confiscation Act 2000CPCA
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.
Corruption and Crime Commission given Unexplained Wealth powersCPCA
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).
Using frozen money to pay defence legal feesCPCA
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.
Criminal Property Confiscation Act WA: Jurisdictional limitsCPCA
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.
Unexplained Wealth: CCC powers under the Criminal Property Confiscation Act (WA)CPCA
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.
Recovering money seized by WA PoliceCPCA
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.
Family Law: Confiscations & Proceeds of CrimeConfiscations & Proceeds of Crime, CPCA, POCA
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.
CPCA – Crime-Used and Crime-Derived Confiscation CasesCPCA
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.
Drug Trafficker Cases – Criminal Property Confiscation ActCPCA
Presentation on Drug Trafficker Cases under the Criminal Property Confiscation Act 2000 (WA) by Edward Greaves. Full text paper available for free download.
Criminal Property Confiscation & Proceeds of Crime CPDCPCA
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).