If your ex, a former housemate or anyone else will not give back things that belong to you, start with a calm written demand. List each item, set a fair deadline, and offer a safe, simple way to hand them over. If that is ignored, the next step is a claim in a court or tribunal, never going in and taking the items yourself.
Claim Done drafts a demand for the return of your belongings from your answers for a flat A$29. You download the PDF straight away and send it yourself.
First check: is this a simple return, or part of a family law property split?
This matters before you write anything. There are two different situations.
- Your own things, held by someone else. A former housemate kept your bike. An ex has a box of your clothes, your laptop or a gift from your grandmother. You own the items and you just want them back. A demand letter is built for this.
- Things that are part of a separation. If you were married or in a de facto relationship, the Federal Circuit and Family Court says that when people separate, they usually need to sort out how to divide their property and debts. Items you bought together, or things you both say are yours, may belong in that wider sorting out rather than in a one-off demand. The Court also says that for family law proceedings, pets are classed as property.
If the items are part of a property split, the Court’s pages set out the path. If it is safe to do so, it is generally best to reach your own agreement. If you cannot agree, you can use dispute resolution or mediation, and after that you can apply to the Court for property orders. There are time limits, as at November 2026: if you were married, applications for property adjustment must be made within 12 months of your divorce becoming final; if you were in a de facto relationship, within two years of the relationship breaking down. If that is your situation, read the Court’s pages before you send anything.
If there is family violence, put safety first
A letter is not the right first step if contacting this person could put you at risk. The Federal Circuit and Family Court’s family violence help page says that if you are in immediate danger, call 000. For support, it lists 1800RESPECT on 1800 737 732, or its online chat. 1800RESPECT is free and available 24 hours a day, 7 days a week. The same page notes you can apply for a family violence order, and that these orders have different names in different States and Territories.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
What your demand letter should list
A good demand is short, specific and calm. It should include:
- An itemised list. One item per line, with make, model, colour, serial number or any mark. “My stuff” is not a list. “Grey laptop, serial ending 4F2” is.
- Why the items are yours. Receipts, bank statements, photos, or the fact it was a gift to you. You do not need every receipt, but say what you have.
- Any earlier requests. When you asked and what they said.
- A clear deadline. A fair window, such as 14 days from the date of the letter.
- A practical handover (see below).
- Your next step. A plain statement that you will take it to your State or Territory’s court or tribunal for minor civil claims if the items are not returned. That is a lawful step, not a threat.
A reasonable collection arrangement
Most of these disputes stall on the handover, not the items. Offer something that is easy to say yes to:
- you collect at an agreed date and time, ideally with a friend present
- they post or courier the items to you, and you say who pays
- you meet at a neutral, public place to hand them over
- a third person you both trust does the pick-up, so you do not have to meet at all
If the other person is an ex, a neutral place or a third person keeps contact to a minimum. Keep the offer open: “or another time and place that suits you”.
How to send it and what to keep
Send it in a way you can prove later, such as email or tracked post. Keep a copy of the letter and proof of sending, your proof of ownership, every message about the items, and a note of any calls.
If they agree to return the items, put the arrangement in writing. The NSW Local Court suggests that when parties agree on a settlement, they put it in writing and each signs it.
What happens if they ignore it
Courts encourage people to try first. The NSW Local Court says all parties in civil cases are encouraged to try to reach agreement without going to court, and for money owed it names sending a letter of demand as a step to try. A clear, dated letter shows you did that.
If the deadline passes, the next step is a claim in the right court or tribunal. Which one depends on where you are. Here is what the official pages we read say:
| State | Where to look | What the official page says |
|---|---|---|
| NSW | Local Court, Small Claims Division | Civil cases include “property not returned”. The Small Claims Division hears claims up to $20,000 (as at November 2026). It is less formal, and the rules of evidence don’t apply. |
| Victoria | Magistrates’ Court of Victoria, or VCAT | The Magistrates’ Court hears civil disputes up to $100,000 (as at November 2026), and says VCAT may also be able to help. VCAT can order the sale or division of co-owned goods, but only for a co-owner. |
| Queensland | Check with QCAT first | QCAT’s list of minor civil disputes covers debts, consumer and trader contracts, vehicle property damage and defects, tenancy and fence or pool barrier disputes. A claim between private people for the return of goods is not on that list, so ask QCAT which forum fits before you file. |
| Other States and Territories | Your local court’s civil claims pages | We have not set out these rules here. Check the civil or minor claims pages of the court or tribunal in your State or Territory before you file. |
Whichever forum fits, what you can control is the record you bring: the letter, the proof the items are yours, and the replies, or the silence.
Mistakes to avoid
- Going to get the items yourself. Do not enter their home, car or storage, and do not take things without their agreement. Use the letter, then the court or tribunal.
- Threats or insults. Lawful pressure only. A court or tribunal may read your letter one day.
- A vague list. If an item is not on the list, it is hard to ask for later.
- Mixing in jointly owned items or anything that is part of a separation, where the family law time limits apply.
The structure of a return-of-belongings demand
This is the shape of the letter, not a fill-in template:
- Names, addresses and date.
- Subject line, such as “Demand for the return of my personal belongings”.
- Background. One or two neutral sentences on how they came to have your things, and any earlier requests.
- The items. A numbered list with identifying details, and a line on how you can show they are yours.
- Demand and deadline. Return the listed items by a set date.
- Handover. The method you propose, open to another reasonable time or place.
- Next step. If the items are not returned by the deadline, an application to your State or Territory’s court or tribunal for minor civil claims for the goods or their value.
- Sign-off. Your name and a dated signature line.
Get the letter done tonight
You answer a few plain questions about who has your things, what each item is, the deadline and the handover. Claim Done drafts a firm, measured letter with your itemised list, a deadline (yours, or 14 days), a sensible handover and a calm next step. Claim Done is not a law firm and does not give legal advice; you review the letter and send it yourself.
Ready to ask for your things back the right way? Start your return of belongings demand for A$29 and download it straight away.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Demand for Return of Personal Belongings — Get Your Things Back drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Demand for Return of Personal Belongings — Get Your Things Back from the answers you give about your situation for a flat $29 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=return-of-belongings-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Demand for Return of Personal Belongings — Get Your Things Back cost, and how long does it take?
$29 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Demand for Return of Personal Belongings — Get Your Things Back in Australia?
No. There is no legal requirement to use a solicitor to write or send a Demand for Return of Personal Belongings — Get Your Things Back; many people send their own. Claim Done drafts it for you and you approve it before it is sent.