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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

- Client

I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.

- Client

Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.

- Client

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.

- Client

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.

- Client

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!!!!

- Client

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

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Sally Crosswell

Sally Crosswell has a Bachelor of Laws (Hons), a Bachelor of Communication and a Master of International and Community Development. She also completed a Graduate Diploma of Legal Practice at the College of Law. A former journalist, Sally has a keen interest in human rights law.

Restitution Order (NSW)

When a person is sentenced for a “relevant” offence in New South Wales, the court may make an order of restitution for property that was lost, damaged or destroyed in the offence. The order requires the offender to pay a specified amount to reimburse the victim of the crime for their loss or for the damage caused. It is made as part of the sentencing process but is separate and added to the end of a criminal trial to benefit victims.

Legislation

The power to make an order for restitution is found in Part 5 of the Victims Rights and Support Act 2013.

A “victim of crime” is someone who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of a criminal offence. Harm can be physical or psychological harm to a person’s body, or harm to a person’s property if it is deliberately taken, destroyed or damaged.

A “relevant offence” means:

an offence in which an act of violence was committed;
an offence for which counselling, financial support or a payment for trauma was given;
any other offence that was considered when sentencing the offender for the principal offence.

An act of violence means an act (or series of related acts) that has:

apparently occurred during an offence;
involved violent conduct against a person or people;
resulted in injury or death to that person or those people.

This violent conduct also includes sexual assault or domestic violence.

Why is a restitution order made?

The power to make an order recognises the impacts of crime can be psychological, physical or financial, as well as diverse, far-reaching and long term.

A restitution order provides a fast, efficient and cheap way to compensate victims compared to civil proceedings against an offender.

Making a restitution order

The Commissioner of Victims Rights must make a restitution order within 2 years of the offender’s conviction. They must not make an order if a civil case has been launched against the offender for damages arising from the same act of violence.

If the Commissioner believes an offender has disposed of property in a bid to avoid liability, the Commissioner can make a restitution order against anyone involved in the action.

The restitution order notice must be served on the offender personally or by post and explain that the offender has the right to object within 28 days of the notice. If no objection is lodged within 28 days, the order is confirmed. If an objection is lodged, the Commissioner has options including to:

allow all or part of the objection;
disallow the objection;
confirm the order;
vary the amount of the order;
reverse the order.

If the offender is not satisfied with the Commissioner’s decision, they can apply to the NSW Civil and Administrative Tribunal for an administrative review of the decision within 60 days of the decision. The tribunal can confirm, reverse or vary the order, and make any other orders it thinks fit.

A restitution order cannot be considered a mitigating factor in sentencing.

Compliance with a restitution order

If an offender fails to comply with a restitution order that requires payment of money, this results in a judgment debt. The amount can be transferred to Revenue NSW which will begin enforcement action. This can include:

cancelling or suspending the offender’s driver’s licence or vehicle registration;
deducting money from the offender’s wages or bank account;
authorising the seizure of property;
placing a charge on any land or property owned by the offender.

Non-compliance does not affect the rest of an offender’s sentence or expose them to further criminal penalties.

Other support for victims

An application can be made for a compensation payment, known as victims support, from the state’s Victims Support Fund. An application can be made by:

the victim of an act of violence;
the parent, step-parent or guardian of a primary victim who is a child;
any other person, on behalf of a victim, who has a genuine interest in the welfare of that victim.

A primary victim is a person who is injured or dies as a result of the violence. It can include a person who tries to prevent violence, rescue someone from violence or arrest a person who is committing a violent act.

The time limit to make an application varies from two to 10 years of the act of violence, depending on the reason for the application, which can include the covering of expenses such as medical, dental, or counselling costs, or loss of earnings as a result of the act of violence.

For advice or representation in any legal matter, please contact Armstrong Legal.

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