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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
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.
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.
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."
Proceeds of Crime (Qld)
In Queensland, the Criminal Proceeds Confiscation Act 2002 allows a court to order that property suspected of being the proceeds of crime be restrained or confiscated. Proceeds of crime are cash, property, other assets or benefits gained through criminal activity. No criminal conviction is needed before order can be made, and property can be confiscated even when a suspect has not been identified.
The main aim of the laws is to remove the financial gain and increase the financial loss associated with crime. The laws also act as a deterrent to crime as well as help police trace property acquired from illegal activity. They apply to illegal activity or a “serious crime related activity”, which is an indictable offence that carries a penalty of imprisonment for 5 years.
A range of orders can be made under the Act to deal with proceeds of crime.
Police can apply to the Supreme Court for a restraining order to stop a person from dealing with property that police suspect has been derived from serious crime related activity. An order can be made only if the person lives in Queensland or the property is in Queensland. An affidavit must be supplied with the application, stating the police officer suspects the person has engaged in serious crime related activity, and has derived proceeds from it, and the reason for the suspicion. The order is in force for 28 days.
Police can apply to the Supreme Court for a forfeiture order that forfeits the restrained property to the state. The prosecution must prove the person has engaged in serious crime in the past 6 years. This order allows property the forfeited property to be sold by the Public Trustee.
Proceeds assessment order
Police can apply to the Supreme Court for a proceeds assessment order that requires a person to pay to the state the value of the proceeds derived from their illegal activity in the past 6 years. The court can deduct from the value of the proceeds any property forfeited under a forfeiture order.
Unexplained wealth order
Police can apply to the Supreme Court for an unexplained wealth order that requires a person to pay to the state an amount assessed by the court to be the value of the person’s unexplained wealth. The court must be satisfied there is a reasonable suspicion the person engaged in serious crime at some time, and that the person’s current or previous wealth was acquired unlawfully. Current or previous wealth is the total value of all the person’s property, including property that the person has at any time disposed of, and all benefits provided to and derived by the person.
Serious Drug Offender Confiscation orders
This order allows property that belongs to a person convicted of a qualifying drug offence to be forfeited, even if the property was legally acquired. A restraining order over all of a person’s property can be made by the Supreme Court if the person is charged with a qualifying drug offence. The order is in force for 12 months. If the person is convicted of the offence and a Serious Drug Offender Confiscation order is made, the property is forfeited to the state and can be sold by the Public Trustee.
A freezing order, sometimes known as a Mareva order, is used to prevent a person disposing of, hiding or diminishing assets. This power is granted under the Uniform Civil Procedure Rules 1999. The purpose of a freezing order is to prevent the frustration of the court’s process by removing the risk the court’s judgment will be unsatisfied.
For crimes against commonwealth law, the Proceeds of Crime Act 2002 applies. In some situations it can be used to confiscate proceeds of crime against state law, if the proceeds have been used in a way that contravenes commonwealth law.
The commonwealth Act grants powers to make orders similar to that which can be made under the Queensland Act. For instance, the commonwealth Act refers to a freezing order but specifically in relation to a bank account. The court can make an order if it is satisfied there are grounds to suspect the account contains proceeds of crime and there is a risk money will be withdrawn from it unless an order is made. A freezing order must last no longer than 3 days.
The commonwealth Act, however, allows for the making of a literary proceeds order. Literary proceeds are “any benefit a person derives from the commercial exploitation” of their notoriety resulting from them committing an indictable offence in Australia or abroad. The exploitation may be any means, including publishing material in written or electronic form, use of audio-visual media, or any live entertainment or interview.
For advice or representation in any legal matter, please contact Armstrong Legal.
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