VIC Issue with Trespassing on Residential Property

[Skippy the bush kangaroo]

Hello.

I am new here and I have an issue that Victoria Police are refusing to assist me with the prosecution of a trespasser according to Victorian Summary Offences Act 1966 S9.

I sent to a debt collector a Notice of Removal of Implied Right of Access as Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal.

1. I have three No Trespassing Notices referring to Entities and precedents (Plenty V Dillon and others) placed at strategic points on the property I live at.
(a) On locked front gate gate;
(b) On side of building before steps to front door; and
(c) On front door.

2. About a year ago, I saw someone enter the property and I immediately warned that she was trespassing and that she must leave the property.immediately. The person left the property after leaving a document on the ground four metres in front of my locked side gate. I was standing about three metres behind that side gate. The document was a court complaint.

3. That person also entered the property twice four days earlier and would have clearly seen my Notices of "No Trespass", but I was not home. (Knowledge of visits were via security cameras).

4. About 5 minutes after she visited the property, I missed a call on my mobile phone. When I saw the missed call, I called the number and the person told me she was a process server for a Mercantile agency and gave me her name and the the name of the agency she worked for.

5, The next business day I called the agency and advised the agency that their agent had trespassed and I was told that she had not trespassed because she had a "legitimate purpose" for being there.

6. Subsequently, over the next 8 months I had two more visits (when I was not home) with court documents being left at my front door on both occasions. Each of the Trespasses is supported by an Affidavit Of Service attested to by the process server as presented to a local magistrates Court a few days after the alleged service of court documents.

My question is: Can a process server ignore three No Trespass Notices after being warned not to trespass by me the owner of the property on at least two occasions?

Many thanks for this great Forum.

 

[JS79]

Was the gate round your property open?

 

[Skippy the bush kangaroo]

JS79 Thank you for your reply.

The front gate is always closed and secured with a padlock and chain.
It is about a metre high and to enter property one must climb / step over the gate.

 

[JS79]

You could say then that she did in fact trespass as she did not have a licence to enter your property and it wasn't implied by leaving a gate open.

However the defence will be that they had a legitimate excuse for trespassing - to enable personal service of a writ.

 

[Ponala]

without express or implied authority given by the owner or occupier or given on behalf of the owner or occupier by a person authorised to give it or without any other lawful excuse, wilfully enters any private place or Scheduled public place, unless for a legitimate purpose;

They have a legitimate purpose so under the SOA they are not committing an offence

 

[Skippy the bush kangaroo]

Thank you for your reply.

1. I have presented the Principal with a Notice of Removal of Implied Right of Access as Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal.

2. I have verbally warned the AGENT Process Server that she was Trespassing and that she must leave the property immediately.

3. I have contacted the mercantile agency the person worked for and advised them that they are trespassing.

4, The Agency sent a further 2 servers to the property and ignored my warnings and three Notices of No trespass.

Have I no rights regardless of their "legitimate purpose"?

What about Plenty V Dillon?

Other precendents will be posted soon.

 

[Ponala]

Due to the wording of the legislation, not criminally. Though you have remedy via tort of trespass, not a police matter, civil via a solicitor.

 

[gordonc]

I agree, it would probably only be a police matter if the trespasser refused to leave.

The good news is that in Plenty v Dillon the High Court upheld damages for trespass at $167,000, Plenty v Dillon [1991] HCA 5; (1991) 171 CLR 635 (7 March 1991) ; and
Kuru v State of NSW $418,265 Kuru v State of New South Wales [2008] HCA 26 (12 June 2008)

By your account of events, you have clearly set up circumstance where in fact trespass occurred, and your low life trespasser is not even a police officer.