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
CPCA
CPD Seminar on Drug Trafficker Cases
I will be presenting at Legalwise Seminars’ Criminal Law Symposium in Perth on 26 March 2015. My presentation is on the topic of Drug Trafficker cases under the Criminal Property Confiscations Act 2000 (WA). Read more
High Court stays Proceeds of Crime action pending criminal trial: Commissioner of the AFP v Zhao & Jin
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
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
A light-hearted look at civil forfeiture
A US comedy sketch takes a look at civil forfeiture.
Some of the risks identified in the programme are present in some Australian laws. There is however less direct incentivising of Australian Police. In the US some county forces can keep up to 100% of the property they seize. That is not the case in Australia.
The presumption of forfeiture though is found in some Australian laws, including the Criminal Property Confiscation Act 2000 (WA). This means the onus is on the owner of the property to show the property should not be confiscated, rather than the other way around. 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