I need help on getting a court order for an uncollected car…

You have two options in seeking the returning of your property.

You can raise a claim in the local court for conversion or detinue.

Conversion occurs when a person deals with goods in a manner that is repugnant to another's right to possession of the goods. Conversion requires more than contact with goods. The conversionary act must deny the plaintiff's right to possession of the goods.

In order to maintain an action in conversion, a plaintiff must establish that he/she had either actual or constructive possession at the time of the act of conversion or an immediate right to possession. An immediate right to possession may arise in a number of ways.

The unauthorised taking of another's goods with the intention of keeping them or exercising temporary or permanent control over them will amount to a conversion.

In this present situation you will be able to sue for the value of car and any economic loss that has been suffered.

Detinue on the other hand occurs where a person wrongfully detains goods and refuses on demand to return them to the person who has an immediate right to possession of the goods.

In order to succeed, the plaintiff must establish that he/she demanded return of the goods and that the defendant failed to return the goods. There are certain requirements in relation to the demand and the refusal.

In order to be effective, the demand must specify a time and place for return of the goods and must spell out that any consent to possession of the goods is revoked.

The defendant must refuse to return the goods and such refusal must be unreasonable.

Where the goods are unique and/or valuable, the court may order that the goods be returned to the plaintiff. Otherwise the normal remedy of damages applies, including damages for consequential loss.

Based on the time frame the best option for you to consider is suing for conversion.

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Here is the law about uncollected goods

Uncollected goods (including vehicles)

‘Uncollected goods’ are items that a consumer has temporarily left with a business, but:

• has not returned to claim or collect
• has not told the business what to do with
• cannot be contacted about, or
• has not paid the business, within a reasonable time, any costs associated with keeping - also known as ‘the relevant charge’. For more information, view our Relevant charge page.

Examples:

• A towing business picks up a damaged vehicle, but is not told by the owner what to do with it.
• A motor mechanic is asked to repair a car, but the owner never returns to pick it up and pay for any work done.
• Clothes left for dry-cleaning that are never collected.
• A landlord of a shop is left with perishable food after the shop’s tenant leaves.
• Holidaymakers in a caravan park leave without taking their camp stove.
• A guest does not return to collect belongings left in a hotel’s ‘lost and found’.

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A business must:

• notify the owner if the business intends to dispose of their uncollected goods
• hold the goods for a certain time before disposing of them, depending on the nature of the goods (for example, there are different rules for perishable goods and motor vehicles).

​https://www.consumer.vic.gov.au/products-and-services/problems-with-a-product/uncollected-goods-and-vehicles/uncollected-goods-explained

Do you know what the value of the car is?

Is it Less than $1,000.00 or more than $1,000.00

Here is the link on what you have to do to dispose of it.

https://www.consumer.vic.gov.au/products-and-services/problems-with-a-product/uncollected-goods-and-vehicles/disposing-of-uncollected-goods/disposing-of-high-value-uncollected-goods-and-vehicles

You apply through VCAT

Disposal orders

You can apply to a court or the Victorian Civil and Administrative Tribunal (VCAT) at any time for an order authorising you to dispose of uncollected goods.

Your application must include:

• your name
• a full statement of the reasons for the application
• the name of the person who left the goods with you
• a description of the goods
• an address where they may be collected
• the relevant charge and, if this amount is likely to increase, an estimate of further charges that will apply. For more information about the relevant charge, view our Relevant charge page.

https://www.consumer.vic.gov.au/products-and-services/problems-with-a-product/uncollected-goods-and-vehicles/disposing-of-uncollected-goods/applying-for-disposal-orders

Make sure before you apply you do the search of the PPSR and notify all of what you are doing.