Asset Recovery Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Receiving a freezing notice or facing asset confiscation proceedings can be financially devastating. These orders can restrict access to bank accounts, vehicles, property, and other assets often before any criminal conviction has been made. In many cases, the impact is immediate, leaving individuals unable to pay bills or operate businesses.

At Douglass & Ford, we assist clients facing asset freezing and confiscation actions under NSW and Commonwealth proceeds of crime laws. With over 20 years of combined criminal law experience, our lawyers act quickly to challenge restraint orders and protect your financial position.

How our asset confiscation lawyers can help you

We understand that freezing orders can occur suddenly and without warning. Our focus is on urgent intervention and long-term protection through:

• Urgent response to freezing notices: We act quickly to assess the order and determine what assets are affected and why.
• Challenging restraint and confiscation orders: We apply to the court to vary or revoke orders where they are excessive, unjust, or unsupported by evidence.
• Protecting access to essential funds: We seek exemptions to allow access to money for living expenses, legal costs, and business operations.
• Defending proceeds of crime allegations: We challenge claims that assets are linked to criminal activity and test the prosecution’s evidence.
• Negotiating with authorities: Where appropriate, we engage with police or the CDPP to resolve matters without prolonged litigation.
• Court representation in complex proceedings: We appear in superior court matters involving restraint, forfeiture, and unexplained wealth orders.

What are freezing notices and asset confiscation orders?

In NSW and under Commonwealth law, authorities can restrain or confiscate assets suspected of being linked to criminal activity.

These may include:

• Bank account freezing orders
• Property restraint orders
• Vehicle seizure notices
• Cash confiscation
• Business asset restraint
• Unexplained wealth orders

These actions can occur even before a person is convicted, and sometimes even if no charges have been laid.

How asset freezing orders work

A freezing or restraint order typically:

• Prevents you from selling, transferring, or disposing of assets
• Restricts access to bank accounts or funds
• Applies to assets suspected of being proceeds of crime
• Remains in place until lifted by a court or resolved
• Can be applied on an urgent ex parte basis (without notice)

Once in place, breaching an order is a serious criminal offence.

Types of asset confiscation proceedings

You may face different types of orders, including:

• Restraint orders: Freeze assets while an investigation or prosecution is ongoing.
• Forfeiture orders: Permanent confiscation of assets after conviction or court determination.
• Unexplained wealth orders: Require you to prove the lawful origin of your assets.
• Pecuniary penalty orders: Require payment of an amount equal to benefits allegedly gained from criminal activity.

Factors the court considers in confiscation cases

When determining whether to restrain or confiscate assets, courts may consider:

• Whether there is reasonable suspicion of criminal activity
• The link between assets and alleged offending
• Whether assets were lawfully acquired
• Hardship caused by freezing essential funds
• Evidence of legitimate income or business activity
• Whether exemptions should apply for living expenses or legal costs
• Strength of the prosecution or enforcement case

Possible outcomes in asset confiscation matters

Depending on your case, outcomes may include:

• Freezing order lifted or discharged
• Access granted to part of frozen funds
• Assets released due to lawful ownership
• Orders varied to reduce financial hardship
• Full confiscation of assets following conviction
• Ongoing restraint pending trial or further investigation

Early legal action is often critical in protecting assets.

Get urgent legal help with asset freezing orders

If your assets have been frozen or seized, immediate legal advice is essential to protect your financial security and challenge the order effectively.

Call (02) 4423 4115
Email
Address: 89 Plunkett St, Nowra NSW, 2541

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• Surrounding Snowy Monaro district