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
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.
Criminal Property Confiscation & Proceeds of Crime CPD
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). Read more
Applying Lee v The Queen
Courts have applied Lee v R with some interesting results. Analysis of recent decisions considering X7 v ACC, Lee v NSW Crime Commission and Lee v The Queen, including Bartlett v The Queen and Zhao & Jin v Commissioner of the Australian Federal Police. Read more
Victims rights under the Criminal Property Confiscation Act 2000 (WA) and the Proceeds of Crime Act 2002 (Cth)
Proceeds of Crime and Confiscation legislation is designed to deprive offenders of ill-gotten gains. Where the legislation is silent on the issue of victims rights, victims may be able to seek equitable relief. Read more
Henderson v Queensland: The reverse onus in confiscations litigation
The High Court granted special leave in Henderson v Queensland on 16 May 2014. If the appeal is successful it will amount to a significant erosion of the reverse onus (in relation to lawful origin) found in most Australian confiscation statutes. Read more
The High Court decision in Emmerson and implications for the Criminal Property Confiscation Act 2000 (WA)
The High Court has upheld the validity of NT legislation that is substantially modelled upon the Criminal Property Confiscation Act 2000 (WA). The door appears closed on Chapter III / Kable challenges to the WA Act but other challenges may be open. Read more