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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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What civil case can I bring forward if a tenant has stolen

Customer Question

What civil case can I bring forward if a tenant has stolen my banking passwords, client list, suppier lists and business idea that was on my computer at home when she took this information?
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Has he stolen money?

Customer: replied 7 months ago.
No she has not stolen money - but there has been a theft of credit cards of which she is a suspect as she had my banking logins, ect
Expert:  Leon replied 7 months ago.

What has he done with the information?

Customer: replied 7 months ago.
She has said that she has given the business idea to a friend that is going to act on it.
That she is going to use my suppliers. That she has calling me previous employers.
And that she has looked into my resume and references.
She has also sent the logins to my next flatmate.
Expert:  Leon replied 7 months ago.

Good Afternoon

So they are stealing an idea?

Did you register the idea? What evidence do you have it was your idea?

Customer: replied 7 months ago.
It was on my computer and no it's not registered as it's not original it was from the industry I was working in..
What about my client list, suppliers, banking passwords and login details??
Expert:  Leon replied 7 months ago.

Good Evening

You may have an action in copyright.

Stealing your idea is a breach of Intellectual property but you have to show that they have made a profit and you have suffered loss.

Customer: replied 7 months ago.
Hi Leon,Thanks for the answer yuo[ve given about business idea, but I've also listed a number of other offences that are sperate.I've posted the business idea ona seperate thread. But you haven't touched on the other matters - and as I run a consultancy business I have sensitive client info on my laptop....What about the other offenses:
banking passwords,
client list,
supplier lists
I had a theft of credit cards and fraud from my flat. I heard that she was going to use my suppliers and also that has had already given my business idea to a friend to start using.
What about:
Invasion of privacy
IP theft
Using somones business contacts?
Expert:  Leon replied 7 months ago.

Good Morning

The stealing of them may be a criminal offence and you can report them to the police.

But this would mainly apply to the banking passwords. If they have not used them and you have not suffered loss the police may not do anything.

The balance goes back to your business idea.

I have mentioned the IP theft and you can sue them for that but have to show losses.

Any civil claim has to be based on financial loss not simply the fact they did something wrong. If they have not used the information and obtained some benefit and you suffered loss you have nothing to claim apart from getting the information back and getting an injunction.

The invasion of privacy again you have to show loss it is not a criminal offence. I hope this makes sense?

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