Criminal Assets Confiscation SA

Welcome to the Criminal Assets Confiscation section of our website. In this section we will attempt to explain in plain English the process of Criminal Assets Confiscation in South Australia. The law (Criminal Assets Confiscation Act 2005 (SA)) is complex and is deliberately drafted to make it extremely difficult for people who have property seized returned.

If you have been charged with a serious offence and you receive a summons seeking orders pursuant to section 24 of the Criminal Assets Confiscation Act 2005, it is highly likely that a restraining order will be granted by either the Magistrates Court or District Court over the property named in the summons.

Section 24 of the Criminal Assets Confiscation Act 2005 states that either the Magistrates Court or the District Court must make a restraining order if certain conditions are met. These conditions are explained in the restraining order page of this section.

Once a restraining order is granted over your property you can no longer dispose of it (sell it, transfer ownership, or give it away).

Unfortunately, we sometimes see people ignore or fail to realise the importance of the documents that they are served with. They do nothing, and their interest in the property is automatically forfeited. We discuss the power of the court to make automatic forfeiture orders in the orders the court can make page. If you have been served with a Summons or any other similar documents, we encourage you to contact a lawyer that specialises in this area of law as soon as possible.

In this section we will discuss what can be done to get some or all of your property back and applications you can make for hardship.

Obviously, we cannot cover every possible aspect of Criminal Asset Confiscation in this website so please contact us and we will be happy to assist you. We can be contacted on (08) 8120 3778 or after hours on 0412 816 575 or by email at cisaacs@caldicottlawyers.com.au.


Casey Isaacs

About the Author

Casey Isaacs is a specialist in Criminal Assets Confiscation matters and appears in the Magistrates and District Court in Adelaide and each of the circuit courts (Mount Gambia, Berri, Port Pirie, Whyalla, Port Augusta, and Port Lincoln) more than any other lawyer in South Australia. He is a senior criminal lawyer and a Partner at Caldicott Lawyers. He regularly teaches other lawyers about the Criminal Assets Confiscation law and many lawyers refer asset confiscation matters to him. Don’t let his youthful looks deceive you Casey has been specialising in Criminal law and Criminal Assets Confiscation matters for 17 years.

Casey can be contacted on (08) 8120 3778 or after hours on 0412 816 575 or by email at cisaacs@caldicottlawyers.com.au.