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Criminal Assets Confiscation

The law (Criminal Assets Confiscation Act 2005 (SA)) is complex and is deliberately drafted to make it extremely difficult for people who have property seized returned.

If you have been charged with a serious offence and you receive a summons seeking orders pursuant to section 24 of the Criminal Assets Confiscation Act 2005, it is highly likely that a restraining order will be granted by either the Magistrates Court or District Court over the property named in the summons.

Section 24 of the Criminal Assets Confiscation Act 2005 states that either the Magistrates Court or the District Court must make a restraining order if certain conditions are met. These conditions are explained in the restraining order page of this section.

Once a restraining order is granted over your property you can no longer dispose of it (sell it, transfer ownership, or give it away).

Unfortunately, we sometimes see people ignore or fail to realise the importance of the documents that they are served with. They do nothing, and their interest in the property is automatically forfeited. We discuss the power of the court to make automatic forfeiture orders in the orders the court can make page. If you have been served with a Summons or any other similar documents, we encourage you to contact a lawyer that specialises in this area of law as soon as possible.

In this section we will discuss what can be done to get some or all of your property back and applications you can make for hardship.

Recent Amendments to the Criminal Asset Confiscation Act

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Understanding the paperwork

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Directions Hearing

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Restraining Orders – Criminal Assets Confiscation

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Expenses paid from Restrained Property

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Getting your property back

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Jointly Owned Property

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Hardship applications by dependents

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Criminal Assets Confiscation Lawyer

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Changes to Legislation from 10 August 2018

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Want Your Property Back?

Casey Isaacs and James Caldicott are specialists in criminal assets confiscation matters.

Why You Need A Specialist Criminal Assets Confiscation Lawyer

Criminal Assets Confiscation is a highly specialised field of law. There are sections within the Criminal Assets Confiscation Act 2005 that require people with an interest in property seized to do certain things. If they fail to do those things within the time limits set, they will lose their interest in the property. You need a lawyer to guide you through this complex area of law.

It is also strongly advisable that you use a Lawyer who also specialises in Criminal Law so that your criminal law case is not prejudiced by a civil lawyer who may disclose material to the DPP.

Casey Isaacs is a partner at Caldicott lawyers who specialises in Criminal Assets Confiscation and Criminal Law matters. He has had 17 years’ experience in these matters and is recognised by other lawyers as a leading lawyer in this field of law. If you would like to speak with Casey confidentially contact him on (08) 8120 3778 or after hours on 0412 816 575 or by email at [email protected].

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