Australia: asset recovery guide
Australia: asset recovery guide

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Australia: asset recovery guide
  • Questions
  • Civil asset recovery
  • Criminal asset recovery

Asset Recovery Guide

Questions

The set of questions relating to the topic of asset recovery and answered by the guide for each jurisdiction covered include:

  1. Civil asset recovery

  2. Parallel proceedings: Is there any restriction on civil proceedings progressing in parallel with, or in advance of, criminal proceedings concerning the same subject matter?

  3. Forum: In which court should proceedings be brought?

  4. Limitation: What are the time limits for starting civil court proceedings?

  5. Jurisdiction: In what circumstances does the civil court have jurisdiction? How can a defendant challenge jurisdiction?

  6. Time frame: What time is the usual time frame for a claim to reach trial?

  7. Admissibility of evidence: What rules apply to the admissibility of evidence in civil proceedings?

  8. Witnesses: What powers are available to compel witnesses to give evidence?

  9. Publicly available information: What sources of information about assets are publicly available?

  10. Cooperation with law enforcement agencies: Can information and evidence be obtained from law enforcement and regulatory agencies for use in civil proceedings?