An Apprehended Violence Order (AVO) is a restraining order enforced by the Crimes (domestic and personal Violence) Act 2007 (NSW). The purpose of an AVO is to protect a person from apparent or actual acts of: violence, stalking, intimidation or harassment. The court may on application make an AVO if it satisfied that on the balance […]Continue reading
The prevalence of drug possession at festivals has become a more common occurrence. In response police are often patrolling at events, sometimes with the assistance of drug detection dogs. The law that regulates drug possession in New South Wales is the Drug misuse and Trafficking Act 1985 (NSW). Possessing a prohibited drug is an offence […]Continue reading
On the 13th of August, Sydney was rocked by what appeared to be a lone wolf style terrorist attack. Mert Ney was subsequently detained by civilians with a milk crate in what some describe as a citizens arrest of sorts. It’s been reported that Ney will defend the charges he is faced with under mental […]Continue reading
Restraining Orders relating to property (in rem) suspected of being proceeds of indictable offences – s 19 This Restraining Order allows the restraint of property where there are reasonable grounds for suspecting the property is the proceeds of an indictable offence inter alia,[1] or an instrument of a serious offence. Generally, proceeds of an offence […]Continue reading
Restraining Orders relating to literary proceeds from indictable offences – s 20 This Restraining Order allows the restraint of property of a person where there are reasonable grounds to suspect that a person has committed an indictable offence and the person has derived literary proceeds[1] in relation to the offence. Literary proceeds are any benefit […]Continue reading
Restraining Orders relating to unexplained wealth – s 20A Restraining Orders pertaining to unexplained wealth were introduced via the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (Cth). The unique element of unexplained wealth orders is that there are reasonable grounds to suspect that a person’s total wealth exceeds the value of the person’s […]Continue reading
Allowance for Expenses The court has a discretion to allow reasonable living expenses / reasonable business expenses / a specified debt incurred in good faith by that person to be met out of property covered by a restraining order,[1] if inter alia, the court is satisfied that the person cannot meet the expense or debt […]Continue reading
Excluding Property from Restraining Orders (ss 17, 18, or 19) In order to get an interest excluded from a restraining order, generally speaking, the court must be satisfied that the specified interest in property is neither proceeds, nor an instrument.[1] If an ex-parte restraining order is made, a person whom claims an interest in property […]Continue reading
Brief History of Asset Confiscation Law in Australia The genesis of asset confiscation law most probably lies in the common law concepts of attainder and corruption of blood.[1] Attainder was believed to have emerged in 1308,[2] and is a concept under which the civil rights and capacities of the offender (including the right to hold, […]Continue reading
Revoking a Restraining Order If a restraining order was made ex-parte, a person may apply to the court to revoke the order.[1] The application must be made within 28 days.[2] This time period can be extended for up to 3 months if the court allows.[3] The applicant must give written notice to the AFP and […]Continue reading
