Confiscation Law – Restrained assets

Paul Horvath Solicitors is one of the few Melbourne law firms with extensive experience in Confiscation Law.

We have extensive experience negotiating with the Office of Public Prosecutions (both State and Commonwealth) and Asset Confiscation Operations in relation to restrained property.

Let us help protect your interest in any property subject to a Restraining Order due to actual or suspected criminal offences by lodging an exclusion order with the relevant court.

We can assist you with:

  • Restraining order
  • Confiscation Act 1997 (Vic)
  • Proceeds of Crime Act 2002 (C’th)
  • Forfeiture of property
  • Exclusion order (excluding order)
  • Declaration of property interests

What is Asset Confiscation?

If you have been charged with or suspected of committing a serious criminal offence, your property may be restrained under Victorian or Commonwealth law.

If your property is restrained, you must not “deal” with it.  That means you must not use a bank account or draw money out of it; house is restrained you must not draw money from or extend your mortgage .  It is a serious offence to breach a restraining order.

A restraining order can restrain various types of property, such as:

  • Cash
  • Bank accounts
  • Houses
  • Cars.

Confiscated property may be:

  • Forfeited to the State
  • Used to compensate a victim, or
  • Used to pay a pecuniary penalty order (financial penalty) to the State.

Restrained assets or property cannot be used to pay legal fees.

Certain serious offences will lead to automatic forfeiture of your property to the State if you are found guilty.

For less serious offences, we may be able to protect property not used in the commission of an offence or obtained with the proceeds of crime.

Innocent parties may also have an interest in or ownership of restrained property. They can protect this interest from a restraining order by lodging an exclusion application with the court.

Many thanks for your wise advice on Lachlan’s case… We achieved the big result of getting the land back – the rest is up to Lachlan.
G.W Knowles

To discuss any matters arising from Confiscation Law throughout Melbourne and Victoria please contact us on 03 9642 0435 or contact us.

Call us today

To book an appointment or for more information call 03 96420435