Criminal Asset Confiscation

We assist in dealing with the complex area of asset confiscation law, including forfeiture orders and other confiscation matters. We deliver advice on these often stressful legal matters with clarity, working to protect your rights and secure a favourable outcome.

We are proud to be one of Adelaide’s leading law firms.

BTD Lawyers Criminal Practice

The Criminal Asset Confiscation Act 2005 allows the DPP or police to apply to the courts for an order against your property in certain circumstances. Some of these circumstances include:

  • Where a person has been convicted of or charged with a serious offence or it is proposed that the person be charged with a serious offence
  • Where a person is suspected on reasonable grounds of having committed a serious offence
  • Where there are reasonable grounds to suspect that the property is the proceeds of or is an instrument of a serious offence (whether or not the identity of the person who committed the offence is known 
  • Where there are reasonable grounds to suspect that a person has committed a serious offence and has derived literary proceeds in relation to the offence


A “serious offence” includes an indictable offence as well select other offences under various legislation.

Areas of practice

How we can help you

Received an Originating Application

An application for forfeiture of property suspected to be proceeds or an instrument of crime commences by way of an Originating Application. Depending on the value of the property the subject of the application, this will either be heard in the Magistrates Court, District Court or the Supreme Court. It is important to obtain legal advice if you are served with such an application.

Restraining Orders

Ordinarily, as part of any application for forfeiture of property, an interim order will be sought to restrain you from dealing with the relevant property in any way. Depending on the circumstances, applications can be made to exclude property from a restraining order. Strict time limits apply for making exclusion applications.

Forfeiture Orders

Forfeiture orders can be made in a range of circumstances. The Act contains harsh provisions allowing forfeiture of all property owned by those deemed Prescribed Drug Offenders. It is imortant to obtain urgent legal advice with the view to preserving your property interests.

Precuniary Penalty Orders

Pecuniary penalty orders can be imposed by the Court on application from prosecution. They require the respondent to pay a specified sum of money to the Crown. Sometimes, pecuniary penalty orders are agreed as a substitute for forfeiture of property.

Orders for forfeiture

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