Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
CDPP - forfeiture order
A forfeiture order is an order allowing the Commonwealth to confiscate and dispose of property.
Once an application has been made to the court for a forfeiture order, written notice of the application must be given to the defendant and any other person believed to have an interest in the property. A forfeiture order can only be granted after a hearing in court. Both the defendant and any other person claiming an interest in the property may appear and adduce evidence at the hearing. In the absence of contradictory evidence the court will presume that the property was used in, or in connection with, the commission of the offence.
What does the Crown have to prove?
A forfeiture order may be made:
- in respect of property that has been the subject of a restraining order if the court is satisfied that the person was involved in a serious offence within the past 6 years, unless the defendant can show that the property in question has not been derived from criminal activity;
- if a person has been convicted of an indictable offence and the court is satisfied that the property specified in the order is proceeds of the offence.
What happens if a forfeiture order is made?
If the Court makes a forfeiture order in respect of property:
- The Commonwealth may take possession of the property, if it has not done so already.
- The Commonwealth may, after a certain period of time, dispose of the property.
A person must not dispose of or otherwise interfere with an interest in property that is the subject of a forfeiture order. A person who does is guilty of an offence punishable by a fine of up to 300 penalty units and/or imprisonment for up to 5 years.
Once a forfeiture order is made the property cannot be disposed of straight away.
- If no appeal is lodged against either (1) the conviction of the serious offence, or (2) the forfeiture order, the property cannot be disposed of until the end of the period given to appeal the conviction or the forfeiture order.
- If an appeal is lodged against either (1) the conviction of the serious offence, or (2) the forfeiture order, the property cannot be disposed of until the determination of the appeal.
If a forfeiture order is made, the person against whom a forfeiture order is made may apply for an exclusion order. Certain dependents of the person may also be able to receive relief against forfeiture.
A person against whom a forfeiture order is made may file an application for an exclusion order, which is an order to exclude some or all of the property from the forfeiture order. The applicant must satisfy the court that their interest in the property is not the proceeds of unlawful activity.
Relief against forfeiture
If the court makes a forfeiture order, another order must be also made directing the Commonwealth to pay a specified amount to a dependent of the person if:
- the forfeiture order would cause hardship to the dependent; and
- the specified amount would relieve that hardship; and
- the dependent had no knowledge of the person’s conduct that is the subject of the forfeiture order.
An appeal can be lodged against the making of a forfeiture order by any person who has an interest in the property. An appeal must be lodged within 28 days of the making of the forfeiture order.
Seek Legal Advice
If you have been given written notice of a forfeiture order application it is essential that you seek legal advice immediately, attend the hearing and give evidence. If you are able to show the court the normal and intended use of the asset and/or demonstrate any hardship that may reasonably be likely to arise if the order is made, the court has the discretion not to grant the forfeiture order.
Example: X borrowed his father’s car and used it in the commission of drug offences. NSW Police sought a forfeiture order in relation to the car. X was able to show that the car was not solely his, but he had borrowed it from his father, who was unaware of the drug offences. The court accepted that the normal and intended use of the car was to transport X’s younger siblings to and from school and for his father to get to work, and that hardship would arise to the family should the forfeiture order be granted. The court used its discretion and refused to grant the forfeiture order.
For advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
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.
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