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 - freezing order
A Freezing Order, also known as a “Mareva order”, is an order that the courts can impose to stop a party disposing of or hiding money that is suspected of being the proceeds of crime. A freezing order is normally used when authorities have reason to believe that an accused person will remove assets or money from the jurisdiction. This article will outline how freezing orders can be sought by the Commonwealth Department of Public Prosecutions (CDPP).
When Can A Freezing Order Be Made?
The Proceeds of Crime Act 2002 stipulates that a freezing order can be made when there is reason to believe that an account with a financial institution reflects the proceeds of criminal activity and there is sufficient reason for the magistrate to believe that without the order, the account balance will be reduced and the money used or hidden.
How Can A Freezing Order Be Made?
When applying for a freezing order the applicant will need to include a supporting affidavit stating the grounds for believing that the money in the account or assets are the proceeds of a serious indictable criminal offence.
A freezing order can be made in court or via the telephone if the magistrate is satisfied that:
- the order should be made urgently;
- any delay would reduce the effectiveness of the order.
If the order is made by telephone the applicant must complete the form the magistrate gives them and state their name along with the day and time the order was signed. The form needs to be returned to the magistrate within two working days of the order being made.
The magistrate must also inform the applicant by telephone, fax or another electronic method of the terms of the order and the day and time that it was signed.
What Does It Do?
A freezing order prevents a financial institution from allowing withdrawals from an account with the institution except for in limited cases specified in the order. Once the order has been made the financial institution will be sent the details of the account/s subject to the freezing order.
If a financial institution allows a withdrawal from an account that is the subject of the freezing order, other than to meet its liabilities, then it has contravened the Act. This offence attracts a fine up to 300 penalty units and/or imprisonment for five years.
What Does the Crown Have To Prove?
In order to obtain a freezing order the Crown must show:
- that there is sufficient reason to suspect that the account’s balance is partially or wholly derived from the proceeds of an indictable criminal offence;
- that there is a risk the balance will be reduced if the order is not made.
A person does not need to be convicted of the offence for the freezing order to be made.
How Long Does a Freezing Order Last?
The order lasts from when the financial institution is given a copy of the order until the date specified in the order.
A freezing order is initially made for three working days. This period can be extended if a magistrate makes an order pending a restraining order application. An extension, if granted, can either be for a specific number of working days or until the date that the court decides the outcome of the restraining order application.
Can a Freezing Order Be Varied?
A magistrate can vary the terms of the order to allow withdrawals from the account to cover the owner’s reasonable living expenses and the living expenses of their dependents. It can also be varied to allow withdrawals for business expenses or to cover a specified debt.
The order will only be varied if:
- the account holder applies for a variation;
- the account holder has supplied a written application along with the reasons for the application to be granted; and
- the magistrate is satisfied that any expenses or debt is not related to legal costs or proceedings under the Proceeds of Crime Act 2002.
The court also has the discretion to revoke or vary a freezing order if satisfied that it is in the interests of justice to do so.
Seek Legal Advice
If you have received written notice of a freezing order against you, it is essential that you seek legal advice immediately. 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.
WHY CHOOSE ARMSTRONG LEGAL?
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