Publications | 3 March 2022   Can cryptocurrency be restrained under the Proceeds of Crime Act 2002 (Cth) and Confiscation Act 1997 (Vic)? Cryptocurrency is a form of digital currency (such as Bitcoin) that uses blockchain technology, which in its simplest form is a distributed digital ledger that stores data by linking together blocks of information. Blockchain is decentralised by spreading identical copies of the data in the chain across multiple computers, which computers are referred...

Publications | 18 May 2021   Breakdowns of Relationships; three applications you need to consider plus one more thing There is a common misconception that once a divorce is finalised the separation process is over. A Divorce Order will only dissolve the marriage. Settlement of property and parenting arrangements require further applications. The same applications apply equally to de facto relationships. 1. Divorce If you have been separated for at least one year, you can file an...

Publications | 23 March 2021   Stop! Electronic execution pursuant to the Corporations Act 2001 (Cth) no longer permitted On 21 March 2021, the temporary measures arising from the Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 (“Determination”) expired, which Determination had enabled the electronic execution of documents under section 127 of the Corporations Act 2001 (Cth) (“Act”). Extension of the temporary measures The Treasury Laws Amendment (2021 Measures No....

Publications | 23 June 2020   National minimum wage set to increase on 1 July 2020 On 19 June 2020, the Fair Work Commission (“Commission”) decided to increase the national minimum wage (“NMW”) from 1 July 2020 by 1.75%, which sees the NMW raised to $753.80 per week ($19.84 per hour). A copy of the Commission’s decision (“Decision”) can be found here. The increase will be applicable to modern awards, but the Commission has determined to apply a staggered approach to implement the increase...

Publications | 18 MaY 2020   Update your Wills and Powers of Attorney now – New Victorian regulations allow electronic signatures and witnessing of documents by audio-visual link On 12 May 2020, the Victorian Government enacted the COVID–19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (“Regulations”) to facilitate the execution of certain documents electronically, and to allow the witnessing of the signing of documents to occur by audio-visual link,...

A restraining order1, which has been made under the Proceeds of Crime Act 2002 (Cth) (“POCA”), prohibits the disposal of, or dealing with, property that is the subject of that
order.

There are some ways to overcome a restraining order, such as by applying to revoke a restraining order and/or by applying to exclude property from a restraining order (the most common).

In an important update for estate agents, on 19 April 2018, in Advisory Services Pty Ltd (t/a Ray White St Albans) v Augustin & Anor [2018] VSCA 95, the Supreme Court of Victoria (Court of Appeal) found that an estate agent was not entitled to claim commission on the basis that the agent’s authority did not follow the wording pursuant to the Estate Agents Act 1980 (Vic) (“Act”).

Publications | 1 JULY 2019   Restraining orders made under the Proceeds of Crime Act 2002 (Cth) The Proceeds of Crime Act 2002 (Cth) (“POCA”) is complex legislation and is often described by judges as draconian. Its principal objects are designed to deprive persons of the proceeds of offences, the instruments of offences, and benefits derived from offences, against the laws of the Commonwealth or the non-governing Territories. Other principal objects include depriving persons of...