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My ex wife and fellow director of a company I am the sole…

Customer Question
My ex wife and...

My ex wife and fellow director of a company I am the sole shareholder of has changed the password ***** an email account used for personal and private correspondence for 7 years. She has now accessed that account. Do I have legal recourse?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

I have asked her to return control of the account to me several times. She has ignored this. My lawyers sent a letter of demand which she ignored. They don’t seem to have any more ideas.

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/17/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,113
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Customer reply replied 3 months ago
Ok thanks
Solicitor: John Melis, Lawyer replied 3 months ago

you may have a claim of oppressive conduct by a director

have you considered this option yet ?

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Customer reply replied 3 months ago
No
Customer reply replied 3 months ago
1. Can you tell me more.2. Is this not theft. Can I not bring charges against her?
Solicitor: John Melis, Lawyer replied 3 months ago

under the corporations act where one director is oppressive against another director or shareholder, that director can be held accountable for any losses incurred by the company as a result of their actions.

are there any director agreements ?

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Customer reply replied 3 months ago
Just the standard ones
Customer reply replied 3 months ago
Nothing beyond that.
Solicitor: John Melis, Lawyer replied 3 months ago

there will be no argument for theft of contents at this time, unless it can be proved that the information used or taken was not done so in the company's best interest.

there are remedies for the director that has been locked out which is to commence proceedings in the Supreme Court to see orders for release of information or restrain one director from acting negatively against the other director.

would you like to consider this aspect ?

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Solicitor: John Melis, Lawyer replied 3 months ago

I have extended a special offer to talk on the phone, please look, it will help you if you need

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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