Forfeiture orders and automatic forfeiture orders under the Confiscation Act in Victoria

If your property is "tainted" by alleged criminal offending, the state may apply to permanently take it away from you. The mechanism used to do this is called a Forfeiture Order, or in the case of certain serious offences Automatic Forfeiture Order. These orders can result in the loss of such assets as your house or car. They are an important and often overlooked consequence of many offences and can arise even once you have already been sentenced and can sometimes even affect the property interests of people who are not themselves accused of committing any crime. Strict timeframes apply in applications to exclude property subject to such orders and so it is important to speak to a lawyer straight away if you think that you may be affected.