Confiscation Law, Proceeds of Crime and Restraining Orders
We have a special interest and expertise in the area of Confiscation Law. If your property/money/home or other assets are restrained in connection with alleged criminal activity by you or someone else, we can give you specialised advice and apply to have your property returned to you.
If your property has been 'restrained' (ie. is the subject of a Restraining Order) you will need to apply to the Court for an 'exclusion application'. In order to successfully apply to have property excluded from a restraining order, you will need to prove a number of things to the Court, including that the property was 'lawfully acquired' and is not tainted by criminal activity.
We conduct matters which are initiated under both the Confiscation Act 1997 (Vic) and the Proceeds of Crime Act 2002 (Cth).
We are one of the few firms in Victoria who have expertise in this area of law. We would be happy to provide advice to any person who has received a restraining order, or who believes that they may have an interest in restrained property.
We often act on behalf of family members, in particular partners, of persons whose property has been restrained as proceeds of crime, property used in the commission of an offence, or in order to satisfy a compensation order made by victims of a crime.
Spicer Lawyers are currently handling numerous confiscation matters, and welcome referrals from other legal practitioners who do not conduct confiscation law matters.
We deal with all matters relating to:automatic forfeiture, forfeiture, exclusion applications, restraining orders, freezing orders, pecuniary penalty orders, compulsory examination, Proceeds of Crime Act 2002 (Cth), Confiscation Act 1997 (Vic), civil forfeiture, restitution orders.