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Who Is Actual Legal Owner?


InspectorRex
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Hi

I am asking this question for a dear friend who is not a member of the list.

We have some very knowledgable people on this list so I hoping someone can provide me with an answer that I can tell my friend.

Okay this is the situation-

My friend had 3 dogs in his name. He decided to "syndicate" them with a friend and have a syndicate started with DogsVic and in the Syndicate application he and the other Syndicate Owner made a written statement to DogsVic that he(my friend) would be the one responsible for all feeding and Vet requirements and that all the dogs would live with him.

Now the other syndicate owner has 2 of the dogs living with him and he has transferred the Microchips into his name. My friend was pressured into doing this as he was going through financial difficulties at the time. However all the dogs are still registered with DogsVic in the "Syndicate " names and are also still council registered at my friends place.

He doesn't know which way to approach his mate about getting the dogs back living with him without ruining their long friendship.

My friend saw and handled the dogs a few weeks back and when his mate came to pick them up they did not want to go home with him.

I am hoping one of our knowledgeable Listers can provide me with some guidance/assistance so that I can help my friend have all of his dogs back living with him as per the Written agreement submitted to DogsVic to have a "Syndicate Mebership" arranged( and for those that might be thinking, this is NOT about my Collies! My friend has a breed in Group 7)

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I think - the person with the receipts for proof of purchase is the owner - and it helps if they have the council registration in their name too.

Microchip rego alone is not always enough to prove ownership - though if the dogs are lost - that's usually where they will end up.

There might be a different system for racing greyhounds.

And this particular problem might be one for the lawyers. Has friend tried just asking for his dogs back as if that was always meant to happen?

As far as I know - getting dog microchipped in your name - is usually as straight forward as getting a vet to scan, verify the chip and notify the database, ie the microchip people were happy to transfer the details without proof of ownership.

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Your friend should ask for the dogs back.

It was probably a bad idea to transfer the dogs into the ownership of a syndicate and then sign the chips over into somebody else's name, but I don't think we really know the whole story there. The friendship might already be ruined and there's nothing you can do.

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I would get your friend to seek legal advice - if it came to a legal dispute, I would strongly doubt that the name registered on the microchip would count as proof of ownership. I would personally definitely not be willing to assume this if it were my dog/s.

That said - anything your friend does (be it legal dvice or otherwise) is probably going to have some effect on the friendship between them. The first thing will obviously be to talk to the friend, but perhaps have some legal understanding in the back pocket so they know exactly what to say and what their rights are.

Edited - get your FRIEND to seek legal advice, not your dog... :banghead:

Edited by Alkhe
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Microchip registration cannot be transferred into someone else's name without the signature of the previous owner. (pounds and rescues I believe have special privileges).

If your friend willingly signed the transfer forms he may have difficulty proving they are legally his

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Microchip registration cannot be transferred into someone else's name without the signature of the previous owner. (pounds and rescues I believe have special privileges).

If your friend willingly signed the transfer forms he may have difficulty proving they are legally his

Slightly factual.

Aperson can apply to have the chip changed to their name. The register contacts the previous owner if they do not reply in 2 weeks dog goes to new owner.

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Hi

I am asking this question for a dear friend who is not a member of the list.

We have some very knowledgable people on this list so I hoping someone can provide me with an answer that I can tell my friend.

Okay this is the situation-

My friend had 3 dogs in his name. He decided to "syndicate" them with a friend and have a syndicate started with DogsVic and in the Syndicate application he and the other Syndicate Owner made a written statement to DogsVic that he(my friend) would be the one responsible for all feeding and Vet requirements and that all the dogs would live with him.

Now the other syndicate owner has 2 of the dogs living with him and he has transferred the Microchips into his name. My friend was pressured into doing this as he was going through financial difficulties at the time. However all the dogs are still registered with DogsVic in the "Syndicate " names and are also still council registered at my friends place.

He doesn't know which way to approach his mate about getting the dogs back living with him without ruining their long friendship.

My friend saw and handled the dogs a few weeks back and when his mate came to pick them up they did not want to go home with him.

I am hoping one of our knowledgeable Listers can provide me with some guidance/assistance so that I can help my friend have all of his dogs back living with him as per the Written agreement submitted to DogsVic to have a "Syndicate Mebership" arranged( and for those that might be thinking, this is NOT about my Collies! My friend has a breed in Group 7)

I was always sure that in order to change over microchipping etc

you had to have both parties consent.

or maybe that only happens in QLD

There was, read the OP.wink.gif

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Hi

I am asking this question for a dear friend who is not a member of the list.

We have some very knowledgable people on this list so I hoping someone can provide me with an answer that I can tell my friend.

Okay this is the situation-

My friend had 3 dogs in his name. He decided to "syndicate" them with a friend and have a syndicate started with DogsVic and in the Syndicate application he and the other Syndicate Owner made a written statement to DogsVic that he(my friend) would be the one responsible for all feeding and Vet requirements and that all the dogs would live with him.

Now the other syndicate owner has 2 of the dogs living with him and he has transferred the Microchips into his name. My friend was pressured into doing this as he was going through financial difficulties at the time. However all the dogs are still registered with DogsVic in the "Syndicate " names and are also still council registered at my friends place.

He doesn't know which way to approach his mate about getting the dogs back living with him without ruining their long friendship.

My friend saw and handled the dogs a few weeks back and when his mate came to pick them up they did not want to go home with him.

I am hoping one of our knowledgeable Listers can provide me with some guidance/assistance so that I can help my friend have all of his dogs back living with him as per the Written agreement submitted to DogsVic to have a "Syndicate Mebership" arranged( and for those that might be thinking, this is NOT about my Collies! My friend has a breed in Group 7)

I was always sure that in order to change over microchipping etc

you had to have both parties consent.

or maybe that only happens in QLD

There was, read the OP.wink.gif

haha

in that case couldnt your friend talk to a lawyer, im pretty sure if he said he only changed the microchipping papers over for a limited amount of time due to housing issues etc.. as a safety method incase the dogs got out etc while living at this persons address that they would be easily returned ...etc.. etc..im pretty sure you can do temp changeovers cant you??

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Not too many lawyers out there are across companion animal ownership laws - it could turn out to be an expensive exercise.

Nah, a cursory look at the case law should do the trick. I'm sure there's some- I will have a look later today, and the legislation. Stranger things are divided all the time, people own weird, weird things.. :)

It's more in the realm of property and division of property etc, rather than companion animal law. That's all about registering, dangerous dog registration and requirements, requirements relating to business operations and transferral of permits, etc. This is a matter of ownership transferral rather than anything to do with the actual dog.

Edited by Alkhe
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Not too many lawyers out there are across companion animal ownership laws - it could turn out to be an expensive exercise.

Nah, a cursory look at the case law should do the trick. I'm sure there's some- I will have a look later today, and the legislation. Stranger things are divided all the time, people own weird, weird things.. :)

It's more in the realm of property and division of property etc, rather than companion animal law. That's all about registering, dangerous dog registration and requirements, requirements relating to business operations and transferral of permits, etc. This is a matter of ownership transferral rather than anything to do with the actual dog.

lol.

Oh wow, is that all it takes? You must be brilliant with these open/shut cases without knowing the facts....but hey, case law/legislation, you can't go wrong.

(FYI, Danois is a Lawyer).

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