Police and prosecuting authorities can apply to restrain and ultimately forfeit money, vehicles, real estate and other assets alleged to be connected with criminal activity.
If you have received a restraining order or a notice about your property, get advice immediately. Strict time limits apply and the consequences of missing them are usually permanent.
Our expertise in criminal property forfeiture and proceeds of crime includes (but is not limited to)
- Criminal property forfeiture applications
- Restraining orders and asset freezing
- Proceeds of crime proceedings
- Recovery and exemption applications
- Negotiations and settlements with authorities
Under the Criminal Property Forfeiture Act (NT), authorities can seize assets allegedly connected to criminal activity, often before any conviction is secured. These proceedings are complex and can result in permanent loss of property if not contested properly.
We challenge the validity of restraining and forfeiture orders, contest claims that property is "tainted," and negotiate settlements that preserve what you've earned. Property forfeiture cases often involve family homes, vehicles, and savings, assets that represent a lifetime of work.
The part people do not expect
Forfeiture proceedings are civil, not criminal. That single fact drives everything else about how they work, and it is the thing that catches people out.
It means the standard of proof is lower than in a criminal case. It means proceedings can begin before you are convicted of anything, and in some circumstances without a criminal charge at all. It means an acquittal does not automatically return your property. And it means the burden can effectively fall on you to establish that the property was lawfully acquired, rather than on the authorities to establish that it was not.
People frequently assume that if they beat the criminal charge, the property comes back. That is not how it works, and by the time they discover otherwise the time limit for objecting has often passed.
What can be restrained
Broadly, property alleged to have been used in connection with an offence, property alleged to have been derived from an offence, and, under unexplained wealth provisions, property where a person cannot demonstrate that their assets were lawfully acquired.
In practice this covers bank accounts, cash, vehicles, boats, business assets and real property, including the family home.
It can also capture property belonging to people who have not been charged with anything. Partners, family members and business associates regularly find their assets restrained because of an alleged connection to someone else's conduct. If that is your situation, you have standing to object, and you should.
The immediate practical problem
A restraining order can freeze the money you live on. It can stop a business trading. It can prevent you selling an asset, refinancing, or meeting existing loan obligations.
There are mechanisms to seek the release of restrained funds for reasonable living expenses, business costs and, in some circumstances, legal expenses. Those applications need to be made properly and early.
We deal with this at the outset, because a person who cannot fund a defence cannot mount one.
What we do
We act for people who have been charged and are facing forfeiture alongside a criminal prosecution, and for third parties whose property has been caught up in someone else's matter.
That includes objecting to restraining orders, applying for release of funds, establishing the lawful acquisition of property, and negotiating with the authorities where a resolution is achievable.