Services

Proceeds of Crime Matters & Confiscation Law

As specialists in the area of Confiscation Law, we are experts in matters arising under the Proceeds of Crime Act 2002 (Cth), and the Confiscation Act 1997 (Vic).


This means that we can assist you in circumstances where your property has been restrained. This restraint usually arises from suspicion of criminal activity and can be followed by applications for forfeiture of your property to the State or the Commonwealth.

If your property is restrained, it remains your property during the term of the restraining order, but you may not deal with it. For example, you may continue to live in your home if it has been restrained, but it cannot be sold, mortgaged, or leased.

If you have been served with a restraining order, it is important that you seek expert legal advice. We can advise you, and assist you to recover your property by applications to the Court (if applicable). This may be in the form of an exclusion application, which typically requires supporting evidence that your property was acquired lawfully. There are strict timelines, so act fast and seek advice.

We regularly handle, and provide advice on, matters concerning, but not limited to:

·     Restraining orders;

·     Exclusion and forfeiture applications;

·     Freezing orders and pecuniary penalty orders;

·     Compulsory examinations.

 

Notable cases include: 

AFP v Surinder Kaur [2016] VSC 423;

Guo v Commissioner of Australian Federal Police [2017] VSC 269;

Commissioner of the Australian Federal Police v Wen & Ors [2017] VSC 391;

Commissioner of the Australian Federal Police v Wen & Ors (No 2) [2017] VSC 502.

Contact Madison Branson today for expert legal advice on Proceeds of Crime matters and Confiscation law. We pride ourselves on having a deep understanding of your personal circumstances and helping you to achieve the best outcome.