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It is our practice to file an exclusion application on behalf of our clients to make sure that your property is not automatically forfeited to the DPP. This application is normally listed on the date of the directions hearing.

The procedure for the directions hearing is very similar in the Magistrates Court and the District Court. Criminal Asset Confiscation cases are almost always dealt with after the finalisation of any criminal charges. This reason for this is that if the criminal charges are dismissed then the restraining order will almost always be lifted and the DPP’s forfeiture order application dismissed. Therefore, the Court is likely to adjourn the matter for a long period of time to allow the criminal charges to be dealt with.

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 Gambier, 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 [email protected].

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