By Madeleine Brown

17 June 2022

What do you do when your property is restrained?

What if you own property that is suspected to have been used in connection with a crime? What if an employee,  family member or business partner does something illegal that risks your property, and your property is restrained by the government as a consequence?

 

The Australian Government and state law enforcement agencies have the power to seize property such as bank accounts, real estate and other assets. Under the Confiscation Act 1997 (Vic), the Court can make an order that property in relation to certain offences is restrained, that the proceeds of certain offences are forfeited, or that assets are frozen.

 

Sometimes innocent people get caught up as ‘collateral damage’ in the process. You may find that a restraining order has been made in respect of your property, such as a bank account, which prevents it being accessed or dealt with as it normally would – effectively ‘freezing’ the use of that property.

 

If your property has been restrained, an application can be made to the Court to exclude your property from being restrained.

 

If you can show, among other things, that:

 

  • you were not involved in the commission of the offence;
  • you acquired the interest in the property without knowing it was ‘tainted property’ (where tainted property means property that was used in or derived from an offence);
  • the property was not under the control of the accused; and
  • the property was acquired for sufficient consideration,

the Court may make an order excluding your property from the restraining order, freeing it from restraint.

 

We have successfully represented clients whose assets have been frozen and freed their assets from restraint. We can help unfreeze your property so you can get on with your life.

 

If you need help accessing your restrained property, speak to our litigation team.

Related Articles

View All
Commercial Law / Commercial Contracts & Agreements / Litigation & Dispute Resolution

Recording | TLFC Law Lunchtime Briefing | Commercial Matrimony – Marry/Battle/Kill

The slides are also available Please click here to view the PowerPoint Slides   Facilitated by Ron Cohen...
Read More
Litigation & Dispute Resolution

Corporate life after death – Reinstating a company and how to do it

A company may be deregistered for various reasons It may be voluntary by the members (shareholders) of a company, it...
Read More
Litigation & Dispute Resolution

It’s the Contract!!! High Court states employment relationships are based on contract, not friendship.

Whilst the High Court reached two different outcomes in the matters of CFMEU & Anor v Personnel Contracting Pty Ltd...
Read More
Litigation & Dispute Resolution / Property & Development

Interstate Landlords in Victoria – new arrangements in the Magistrates’ Court of Victoria

One of the hassles for residential landlords who own property in Victoria but live interstate has been the lack of...
Read More
Litigation & Dispute Resolution

Freeze, don’t move!…How to freeze assets

You are a creditor, owed a significant sum of money, and you have reason to believe that the defendant is likely to:...
Read More
Employment Law / Litigation & Dispute Resolution

Deliveroo decision creates chaos in the ‘Gig Economy’ as law struggles to keep up

Up until recently, businesses have relied upon ‘gig’ workers being able to be classified as independent contractors...
Read More
Litigation & Dispute Resolution

Winning Civil Cases as a Defendant – TLFC on a winning roll…

In Australia, in our civil system, Plaintiffs need to prove their case on the balance of probabilities   The...
Read More
Commercial Law / Commercial Contracts & Agreements / Corporate Advisory and M&A

Announcing our Promotions

Rob joined us in 2017 and immediately impressed us with his litigation skills and incredible work ethic It’s no...
Read More
Litigation & Dispute Resolution

Transact Now, Regret Later – The Case for Credit Management

This can cover a wide range of business situations Most commonly, you might be considering letting your premises to a...
Read More
Litigation & Dispute Resolution

Playing the man and not the ball: When non-party cost orders are available in Court

When can a party not named as a litigant be responsible for the payment of costs (cost orders) in a legal proceeding...
Read More
Commercial Law / Property & Development / Developments

TLFC Law Triple Finalists in the Lawyers Weekly Australian Law Awards 2019

Celebrating its 19th year, the Australian Law Awards, in partnership with UNSW Law, is the pinnacle of award programs...
Read More