VIC Ex-employer Withholding Personal Property - Lawyer to Get to Court?

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Nicole1980

Active Member
27 April 2017
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Hi

I'm looking for some help please.

My husband was terminated from his job and his ex-employer won't give back his personal property and equipment. He has ignored all the letters sent.

I need to find a lawyer to assist in the process but I'm not sure what I need to look for when searching for a lawyer. What category it would fall under?

We will need to take him to court.

Thanks in advance
 

Lance

Well-Known Member
31 October 2015
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2,394
Hi Nicole,
Depending on the value of the goods and which state / territory you are in you could self represent to recover the goods. Otherwise any lawyer should be able to help you with guidance on small claims.
 

Nicole1980

Active Member
27 April 2017
5
0
31
Hi Lance
Thanks for replying.

We are in Victoria and it is approximately $75 000 worth. We are going to need a lawyer it's not something we can fight on our own.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Nicole,
I asked because generally small claims in Victoria are processed through the Victorian Civil and Administrative Tribunal. However that is claims of $10,000 and less, but in hindsight I don't think they will deal with matters between employees and employers. So you will need to commence a civil procedure through the Magistrates Court of Victoria. This should help: Commencing Civil Proceedings | Magistrates' Court of Victoria

A general lawyer should be able to help. You can find a lawyer at https://lawtap.com/au/
 

Tim W

Lawyer
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28 April 2014
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My husband was terminated from his job and his ex-employer won't give back his personal property and equipment.
Has he given any kind of a reason?
 

Nicole1980

Active Member
27 April 2017
5
0
31
He said that he isn't gong to give it back till the business is in the "black" - not sure how that work when my husband was the manager only, not a business partner and my husband's belongings aren't registered to the company.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
I'd be getting a lawyer asap before items go 'missing'. If you think this is a possibility ask your lawyer about getting an 'Anton Piller' order which allows for evidence to be seized without notice.
 
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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
He said that he isn't gong to give it back till the business is in the "black" not sure how that work when my husband was the manager only not a business partner and my husbands belongings aren't registered to the company.
You may be fairly confident that the former employer's actions have no basis in law.
 
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