Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NSW Mum Claiming Camera is Hers and I Stole It?

Discussion in 'Property Law Forum' started by Pat73571, 14 March 2015.

  1. Pat73571

    Pat73571 Member

    14 March 2015
    Likes Received:
    I am having a falling out with my parents I have left home as of I was kicked out earlier
    My parents bought me a thousand dollar camera for chistmas and are tying to say that its stolen! And that the camera receipt is in her name
    Can they do this under property law?
  2. hlly

    hlly Well-Known Member

    12 August 2014
    Likes Received:
    If your parents gave you the camera unconditionally, then the camera is yours as a gift.
  3. Sophea

    Sophea Guest

    I agree, it is a gift. What are they trying to do by claiming it was stolen? Are they trying to get police involved? Or accuse you of wrongdoing as an excuse to kick you out?

    Do you have any evidence that they allowed you to use it exclusively for any period of time - showing it was a gift. Or do you have any other relatives that were present that can verify that it was given to you as a gift?
  4. Sarah J

    Sarah J Well-Known Member

    16 July 2014
    Likes Received:
    Hi Pat73571,

    I agree with the above. If the gift was unconditional, then they cannot request the item back. In family situations, particular if the item was given by parent to child, there is a presumption that the giving was an unconditional gift unless the parents (your mum) has evidence to suggest otherwise.

    It seems it comes down to she says/you say. At the end of the day, it depends on who has stronger evidence to support their version of events. A receipt showing that your mum paid for the camera will not assist her as under general law, there is a presumption of gift making between parent and child. To strengthen your case, do you have any evidence (e.g. birthday card, written note) that supports the fact the camera was given as a gift?
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page