Orders under the Criminal Assets Confiscation Act 2005 (SA)

Orders under the Criminal Assets Confiscation Act 2005 (SA)

Under the Criminal Assets Confiscation Act 2005 (SA) (the Act), the Director of Public Prosecutions (the DPP) can apply to a Court to confiscate or deal with real or personal property of offenders and accused offenders, including:

  1. property that was purchased using money obtained from criminal enterprise;
  2. property used to commit a criminal offence; and
  3. the personal assets of offenders.

Several different orders can be made under the Act, including notably:

  1. Freezing orders, which are designed to stop a person from accessing bank accounts or withdrawing funds;
  2. Restraining orders, which can be applied to property to stop it from being sold or otherwise dealt with; and
  3. Forfeiture orders, which can be made to confiscate property from a person.

Although these orders are most relevant to the owner of the property, there are also important implications for other parties such as mortgagees, bailors and even co-owners. This means that the impact of these orders can be broad, damaging and distressing.

Civil disputes concerning orders under the Act

If you have been served with correspondence or Court documents suggesting your property, or property in which you have an interest, is being subject to an application for an order under the Criminal Assets Confiscation Act 2005 (SA), you may be required to participate in Court proceedings which affect that interest.

PGC Legal has had experience dealing with orders under the Act, providing pragmatic advice and solutions on how best to protect our clients’ rights and interests. We can act for owners and interested third parties in civil disputes involving orders applied for or made under the Act.

For more information, please contact us on (08) 8221 6162 or email Partner Brenton Priestley or Senior Associate Jonathan Khoury.