201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
If a person:
an application may be made to the Supreme Court of NSW for a restraining order in relation to property that is suspected to be tainted property.
Tainted property means property that was:
A serious offence includes any offence against the laws of NSW that may be prosecuted on indictment.
The Supreme Court may make a restraining order if the application for the order is supported by an affidavit stating the grounds for the applicant’s belief that:
and the court is satisfied that there are reasonable grounds for holding those beliefs.
Contravention of a restraining order is a criminal offence if the person had notice that the property was subject to the restraining order. The offence is punishable by a fine equivalent to the value of the interest in the property and/or by imprisonment for up to 2 years.
The Supreme Court may make one or more of the following orders:
A person being examined under oath is not excused from answering any question, or from producing any document, on the ground that the answer or production might incriminate the person or make the person liable to forfeiture or penalty. However, answers given or documents produced may not be admissible in any future criminal proceedings.
Once a restraining order has been made, written notice of the order must be given to any person whose interests are affected by the order. Once an order has been made, written notice of the order must be given to any person whose interests are affected by the order.
In some circumstances, a restraining order may provide for paying for a person’s reasonable legal costs. However, the Supreme Court must be satisfied that the person is unable to pay their legal costs out of their unrestrained property. In some circumstances, a may provide for paying for a person’s reasonable legal costs. However, the Supreme Court must be satisfied that the person is unable to pay their legal costs out of their unrestrained property.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.