Asset Confiscation
Defending against proceeds of crime applications, restraining orders and asset forfeiture by State and Commonwealth authorities.
Protecting Your Assets
Both State and Commonwealth governments possess extensive powers to restrain, seize and ultimately confiscate assets that are suspected of being the proceeds of, or instruments used in, criminal activity. These powers are exercised under legislation including the Criminal Assets Recovery Act 1990 (NSW), the Confiscation of Proceeds of Crime Act 1989 (NSW), and the Proceeds of Crime Act 2002 (Cth).
The reach of these laws is significant. Assets can be restrained and forfeited even where no criminal conviction has been recorded, and the standard of proof in civil confiscation proceedings is the balance of probabilities rather than beyond reasonable doubt. This means that individuals who have never been convicted of an offence can still lose their property.
Proceedings We Defend
We have extensive experience defending clients in a range of asset confiscation proceedings, including:
- Restraining order applications over real property, bank accounts, vehicles and other assets
- Forfeiture applications under State and Commonwealth proceeds of crime legislation
- Unexplained Wealth Orders requiring individuals to demonstrate the lawful origin of assets
- Pecuniary penalty orders seeking payment equivalent to the assessed benefit from criminal activity
- Criminal Assets Recovery Act proceedings initiated by the NSW Crime Commission
- Commonwealth Proceeds of Crime Act applications by the AFP and CDPP
- Third-party interest claims to protect the rights of innocent parties
Our Approach
Asset confiscation proceedings require a different approach to standard criminal defence. We work closely with forensic accountants and financial experts to trace the origin and legitimacy of assets, challenge the assumptions underpinning the prosecution’s case, and present compelling evidence demonstrating that our client’s property was lawfully acquired.
Where criminal proceedings run concurrently with confiscation proceedings, we coordinate the defence strategy across both matters to ensure that action taken in one forum does not prejudice our client’s position in the other.
Act Quickly
Ex Parte Orders and Strict Time Limits
Restraining orders under proceeds of crime legislation are frequently obtained ex parte, meaning without notice to the affected party. You may first learn of the proceedings when your bank accounts are frozen or your property is restrained. Once a restraining order is in place, strict time limits apply for challenging or varying it.
If you become aware that your assets have been restrained, or that proceedings are contemplated, it is essential to obtain specialist legal advice immediately. Delay can result in the loss of procedural rights and make it significantly more difficult to recover your assets. Our team is available to act urgently and has extensive experience in obtaining the release of restrained assets and defending confiscation proceedings.
Assets Restrained or Under Threat?
Time is critical. Contact our team immediately if your assets have been frozen or you have been notified of confiscation proceedings.