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Edward Greaves

Edward Greaves

Perth Barrister

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    • Proceeds of Crime Act
    • Criminal Property Confiscation Act
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    • Unexplained Wealth Laws
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Proceeds of Crime Act

Cases and Commentary on the Proceeds of Crime Act 2002 (Cth). For further information, review my overview of the Proceeds of Crime Act.

Lordianto v Commissioner AFP: Cuckoo Smurfing victim loses appeal under the Proceeds of Crime Act 2002

12 September 2018 By Edward Greaves Leave a Comment

In Lordianto v The Commissioner of the Australian Federal Police the Court of Appeal found in favour of the AFP and against the cuckoo smurfing victims. This decision has implications for numerous other matters before the courts across Australia involving alternative remittance and structured deposits. Read more

Filed Under: Proceeds of Crime Act

National Cooperative Scheme on Unexplained Wealth

24 June 2018 By Edward Greaves Leave a Comment

The Unexplained Wealth Legislation Amendment Bill 2018 proposes a ‘National Cooperative Scheme on Unexplained Wealth’. In this article I address the utility of this scheme and raise some issues with its proposed operation. Read more

Filed Under: Confiscations & Proceeds of Crime, Proceeds of Crime Act

Literary Proceeds: Will Schapelle Corby lose another interview fee to Proceeds of Crime laws?

6 March 2018 By Edward Greaves Leave a Comment

Convicted drug trafficker and personality Schapelle Corby has given an interview to Australian magazine Women’s Day. This interview, purportedly about her future and not her past offence, is due to be published March 2018. But can the interview fee still be confiscated as Literary Proceeds under Proceeds of Crime laws? Read more

Filed Under: Proceeds of Crime Act

Proceeds of Crime compulsory examinations

5 January 2018 By Edward Greaves Leave a Comment

The South Australia District Court recently published an interesting (and lengthy) decision considering the interaction of compulsory examinations under s 180 Proceeds of Crime Act 2002 (Cth) with the accusatorial criminal process: R v Ruzehaji (No 2) [2017] SADC 119. Read more

Filed Under: Proceeds of Crime Act

AFP ordered to return money to innocent cuckoo smurfing victim under the Proceeds of Crime Act 2002

19 April 2017 By Edward Greaves Leave a Comment

The AFP attempted to use the Proceeds of Crime Act to restrain property of innocent victims of money laundering. The circumstances of this case were highly suggestive of ‘cuckoo smurfing’. The WA Supreme Ct ordered the AFP to return the innocent victim’s money. I acted for the successful innocent parties in this matter. Read more

Filed Under: Proceeds of Crime Act Tagged With: cuckoo smurfing, proceeds of crime

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

High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & Jin

12 February 2015 By Edward Greaves Leave a Comment

The High Court stayed Proceeds of Crime action pending the criminal trial in Commissioner of AFP v Zhao & Jin handed down 12 February 2015. The judgment considers sections 319 and 266A of the Proceeds of Crime Act 2002. Read more

Filed Under: Proceeds of Crime Act Tagged With: CPCA

Applying Lee v The Queen

26 September 2014 By Edward Greaves Leave a Comment

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

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000, Proceeds of Crime Act

Victims rights under the Criminal Property Confiscation Act 2000 (WA) and the Proceeds of Crime Act 2002 (Cth)

11 June 2014 By Edward Greaves 27 Comments

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

Filed Under: Confiscations & Proceeds of Crime, Criminal Property Confiscation Act 2000, Proceeds of Crime Act Tagged With: banks, CPCA

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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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