Expenses paid from Restrained Property

A Court can make orders under Section 27 of the Criminal Assets Confiscation Act 2005, that certain expenses be paid out of property that has been restrained. They can make the order at the same time they make the restraining order or at a later time.

What expenses can be paid out of the restrained property?

➢ The reasonable living expenses of the person whose property is restrained or any of their dependants;

➢ The reasonable business expenses of that person; or ➢ A specified debt incurred in good faith by that person.

The Court can make an order to pay these expenses if they are satisfied that the person cannot meet an expense or debt out of other property that is not part of the restraining order.

Under section 28 of the Criminal Assets Confiscation Act 2005 the Court can make an order excluding property from the restraining order for the same reasons as stated above.

The Court can only make an order if you apply for the order and you have notified the DPP of your application in writing. So, it is most important that you make an application. When advising the DPP you must set out the grounds for your application. You must also disclose in a sworn statement all your interests in the restrained property and your liabilities.

The Court cannot make an order to pay expenses for legal costs relating to either the criminal asset confiscation case or any criminal charges.


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.