QLD Theft - Recovery of Expenses from a Robbery?

[John Christopher]

I had some property stolen while staying in Queensland last year. Because of the nature of the stolen property I had to replace it immediately at my own, significant, cost (it wasn't covered on any of my insurances). The property was recovered by police a few days ago but is now in a very bad condition. I am currently located in Perth, meaning that I will incur further costs for shipping the property from Queensland to WA, and then restoring the property to its original working condition.

My question is, if the person found with my property is convicted of its theft, am I allowed to the sue that person to recover the costs to me as described above?

Also, if the person convicted of the theft either goes to prison or pleads poverty, are there other ways of recovering my costs?

I am a self-funded retiree and could ill afford these expenses at the time and in the future.

Thanks

 

[Sarah J]

Hi John,

You are able to bring a civil action against the person accused of taking your property. You must separately initiate this action in court under tort law (theft and trespass to property). You will need to prove that the person who took your property (defendant) took your property, knowing that it did not belong to them, on the balance of probabilities. A criminal conviction can be used as evidence to show that the defendant did this. If successful, the court should award you compensation (you may ask for the cost you paid to replace the items).

If you obtain a court order against this person, to repay a sum of money to you, this money then becomes a judgement debt. If the person refuses to or cannot comply with the order, you can apply for an enforcement order which then gives you greater powers to recover this money.

 

[John Christopher]

Thanks, Sarah J.