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THE PRINCIPLED AND PRACTICAL LIMITS TO UNEXPLAINED WEALTH ORDERS.

Authors :
CAMPBELL, LIZ
CLANCY, ÁINE
Source :
University of Western Australia Law Review; Oct2024, Vol. 52 Issue 1, p29-52, 24p
Publication Year :
2024

Abstract

The relatively recent introduction of unexplained wealth orders ('UWOs') in the United Kingdom has provided an opportunity to reflect on their more long-standing operation across Australian jurisdictions. In this article, whilst acknowledging the promise of UWOs, we identify some key limitations of the UK and Australian models of unexplained wealth regimes and suggest potential means of strengthening the performance of unexplained wealth laws in both countries, using lessons learned from our analysis of UK UWOs. We also address issues of principle which have proved to be problematic, and conclude that UWO processes can and should be refined to bolster both their protections for individual rights and their practical effectiveness, and that improvements in each area need not be mutually exclusive. [ABSTRACT FROM AUTHOR]

Subjects

Subjects :
JURISDICTION

Details

Language :
English
ISSN :
00420328
Volume :
52
Issue :
1
Database :
Supplemental Index
Journal :
University of Western Australia Law Review
Publication Type :
Academic Journal
Accession number :
181264559