VIC Go Through Magistrates Court to Recover Property from Ex?

[Sasha1122]

My ex and I split late last year. With the help of police, a Family Violence Order was put in place and immediately after, I left Melbourne, Victoria to go back to my family in my home state of Western Australia. Since then, I've asked and offered to help with the sending of my belongings back to me, with no cooperation from him.

I am wondering now that a Full Order has been put in place, am I able to contact him to send him a list of items that I would like to be returned to me? Or do I now follow legal proceedings at VCAT or The Magistrates Court?

I'm quite confused as the police told me it was a civil matter but not what to do, or which forms to fill out. I have proof of about $4,500 worth of belongings being mine and I want to create a list of other important items that were bought with cash before I met him.

(For background information, I want my belongings back because I left Melbourne immediately after escaping a violent and fearful experience in which I was forced to leave almost all of my personal items behind, running down the street with not even a spare pair of underwear to my name. He has since sent my tormenting photos of other women in his life who were currently wearing my clothing and underwear!!)

Someone please help!

 

[Lance]

Hi Sasha,

First of all I'm glad you got out. The option of going through the Magistrates court of Victoria would be the most effective and cost efficient way to get compensated for your belongings. I'm glad you have proof because you will need it and don't be scared to mention that if you ask for your stuff he sends you pictures of other people wearing them.

This might help you start off. Commencing Civil Proceedings | Magistrates' Court of Victoria

 

[sammy01]

I would not bother. The expense in making a court application and getting a solicitor to represent you will cost a few thousand $$$

You could self represent - but again, lots of time and energy.

I found myself in a similar situation. While it is kind of heart breaking to have lost photos, diaries, my CD collection and books, etc. all personal stuff of no real value to anyone else... But it is all just stuff. So I replaced some stuff with new stuff and bought new clothes etc and am glad. I left all the stuff that lived with me in that abusive house behind, never to be seen again. and I'm good with it.
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