Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)


Navarolli here to stay – but has it lost its punch? The High Court today refused the DPP leave to appeal against the decision of the Victorian Court of Appeal in Navarolli v DPP [2005] VSCA 323. The effect of the decision of the Court of Appeal in Navarolli is that persons whose property is … Continue reading Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)

Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)


Confiscation Act amendments – procedure for obtaining restraining orders On 11 October 2006, certain amendments to the Confiscation Act 1997 became effective. The most important amendment relates to the obtaining of restraining orders by the DPP. As readers of this newsletter would be aware, the Court of Appeal, in two recent decisions, held that the … Continue reading Asset Confiscation Update – When must DPP give notice of application for restraining order (12 October 2006)

DPP v McCoid: date of conviction under Confiscation Act 1997 (4 September 2006)


Don’t get bitten by DPP v McCoid Pursuant to s.35 of the Confiscation Act 1997 (Confiscation Act), property which is restrained for automatic forfeiture is automatically forfeited to the Minister (namely the Attorney General of Victoria) 60 days after the date of conviction of the Schedule 2 (automatic forfeiture) offence unless: an exclusion application has … Continue reading DPP v McCoid: date of conviction under Confiscation Act 1997 (4 September 2006)