Mortgage repayments on frozen real property may be made from frozen funds with leave of the court under s 45(e) of the Criminal Property Confiscation Act 2000 (WA) if they constitute reasonable living expenses; s 52 does not impliedly prohibit this. In insider trading cases, the criminal benefit is the gain attributable to the offending conduct (the difference between the price received and the price that would have been received without inside information), not the total proceeds of sale. Where a respondent partially discharges the onus under s 16(3), the court assesses only the undischarged portion.
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