VIC Theft of Property from Third Party - Claim Compensation?

Hi,

I am asking if it is possible to sue a third party for theft of property?

6 years ago my ex wife abducted our three children to Japan. My ex wife gave power of attorney to a work colleague who subsequently stripped our rental property of all chattels and goods, including my martial art equipment that would have allowed me an income. Our bank accounts were also stripped. I was subsequently left out on the street with nothing.

I had no idea who did what, until this year, when I received some documents from a lawyer in Japan. Amongst them was an admission from this third person, that she and her husband stripped the rental property of all contents and apparently gave most of it away. All the contents of our rental house was bought brand new from IKEA, and other leading providers, less than two years prior. Since my Japanese wife and I were married, I believe that I am legally entitled to half of all assets, monies, etc.

This third person,and her husband thought otherwise, and took the law into their own hands.
I have suffered financially for 6 years, due to their callous action and complete disregard for Victorian law regarding marital division of property and assets.

I wish to sue for my share of what we had, at least, and also for the financial suffering that I have had to endure these past 6 years, due to their actions leaving me with nothing.

It has taken me 6 years to claw my way back financially, and now that I have their written confession as to what they did, I wish to sue for compensation. Is this possible?

Can I be pointed in the right direction regarding lawyers? Which type of lawyer to utilise? Criminal, local? I need guidance please.

I await your response with anticipation

Sincerely yours

Lance said:

Hi Paul,

You can find a lawyer at https://lawtap.com/au/. The problem you have is that its a family law matter with regard to your ex giving authority to dispose of your property. Did you report the theft when it occurred? If so you could provide the new evidence to the police.

The problem being they did have authority of your ex. You could pursue a civil claim for the loss against them. While they could argue they had authority from your ex, it was a spiteful act to dispose of your things and they likely knew the property was yours. You might have a case.

You can speak with any generalist lawyer or easily pursue that yourself. It might be worth talking to a lawyer to ensure your success.

Click to expand...

Dear Lance,

Many thanks for your response, and pointing me in the direction.

Best regards.

Rod said:

The statute of limitations is against you. 6 years. Plus if you obtained a divorce you have 12 months after the divorce to finalise a property settlement. Failure to do so may seem like abandonment of your rights. You may need to convince a court your action should proceed before it can proceed.

Click to expand...

Hi Rod,

Not yet divorced. I am keeping that option in hand, to hopefully use it to gain leverage re access to my three children who were abducted to Japan (the main reason this avenue was utilised).

Lance said:

Hi Paul,

No problem at all. You need to check the dates because Rod is right about the statute of limitations. You said your wife abducted your kids and took them to Japan. You need to speak to a lawyer and discuss the Hauge convention. Both Australia and Japan are signatories to the Hauge convention is an agreement that covers International parental abduction Hague Convention on the Civil Aspects of International Child Abduction | Attorney-General's Department

So if your property was disposed of less than 6 years but close to 6 years you need to initiate it immediately and probably seek an extension from the court.

Thank you Rod. I was focused on other aspects of the case and missed the statute of limitations. It was good though, re-reading it brought the Hauge Convention to mind.

Click to expand...

Hi Lance,

I have gone through Australian Hague lawyers, and had my application officially accepted by Japan Hague lawyers. They have admitted my legal right of access, but are doing absolutely nothing to inform my wife in Japan. The Japanese look after the Japanese, no matter what. That is why they are back whaling again, even after the Hague Convention ruled that they should stop. I lived in Japan for nearly 10 years, I know how they work.

Australia Hague lawyers appeared to not want to enforce my rights and perhaps upset Japan. Over 10,000 fathers worldwide have had a very similar experience re gaining access to their kidnapped children. Tate maie (the two faces). japan says yes, but means no. Until Governments enforce the international rights of fathers of abducted children to Japan, over 10,000 of us are in limbo. Sad and shameful.