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If you have left personal property with the defendant, or the defendant has left personal property with you, the Court can make a Property Recovery Order.
A Property Recovery Order Orders sets out how goods should be returned. An order may be made about goods like clothes, personal papers and children's toys.
In most cases a police officer or officers will come with either you or the defendant to get the property.
A Property Recovery Order can:
A Property Recovery Order doesn’t allow anyone to:
A Property Recovery Order is not a property settlement. If you own significant asset with the defendant, for example a house, boat or shares, you must negotiate a settlement under Family Law.
If you need to negotiate a property settlement with your ex-partner, you should get legal advice.
A Property Recovery Order can only be made at the same time that a Provisional, Interim or Final Apprehended Violence Order (AVO) is made.
An application for a Property Recovery Order can be made by:
Before you apply for a Property Recovery Order, you should prepare a list of the things you want to collect. You should only ask for things that you reasonably need, for example clothes, shoes, personal documents, and children's belongings.
The Court may not make orders about some items if there is a dispute about who owns them, unless you have proof you own them.
You must tell the Court about any relevant family law property orders that have been applied for or made.
The Court will only make a Property Recovery Order for the defendant if they attend court.
Sample: Sample Property Recovery Order (22kb) or text only version
If the Court makes a Property Recovery Order, you must comply with it. It is an offence to contravene, or obstruct a person trying to comply with, a Property Recovery Order without a reasonable excuse.
The defendant can't be convicted of breaching and Apprehended Violence Order for following a Property Recovery Order.
If you need to recover your property urgently and can't wait until the matter is heard in court, you should contact the police, as they may be able to help you get your belongings.
The police can't help you take property if you and the defendant disagree about who owns it as disputes about property ownership need to be resolved in court.