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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My de facto partners brother has taken my partners phone from

Customer Question

My de facto partners brother has taken my partners phone from him while he is in hospital and won't return it to either my partner or myself. Can I get a property recovery order to have the phone returned?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good EveningMy 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.You cannot be his brother can. It should be reported to the police as stolen and if they cannot do anything then your partner needs to make an application with the court to get it back. It must be reported to the police. I hope this makes sense and is of assistance. if there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 1 year ago.
The police won't do anything and my partner has suffered a brain injury. Not currently competent. His and my property are joint. I pay for the phone. Can't I request the return?
Expert:  Leon replied 1 year ago.
If the number is ***** in your name you can. If not then you can only apply if you hold a power of attorney or a guardianship order from the court. You should make an application for the guardianship if you of not hold one. This will be needed. If you are a co-owner or hold a POA then you can make the application.