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Do I have to prove that I have legally acquired my property?

I purchased my car with cash that I won in a lottery. How can I be sure it won’t be confiscated?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 11-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Proceeds of Crime
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Andrea Stein, Brisbane 4000 QLD

  • Under the proceeds of crime laws it is up to you to prove on the balance of probabilities that you acquired your assets through legitimate legal means.
  • The court will assess the value of your assets including all assets you have under your effective control.
  • This may include any asset you have gifted a family member or associate in the past 6 years.
  • If you have proof that the funds came from a lottery win you will not have your car confiscated.

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