I agree with the calls for getting a lawyer on the case. I'm aware of a case in NSW where a private person gave a dog to someone else who failed to change the microchip details. The dog wandered off and was found by a passer-by who took it to a local vet. The vet checked the chip contacted the original owner who pointed out they had given the dog away years before. He went to retrieve the dog (because he didn't want to see it go to the pound) but the vet had handed the dog over to the "new" owner who made an off the street inquiry. The vet refused to hand over the contact details of the person they gave the dog to because of privacy. You can say what you like about the various people's actions (and I'd probably agree - free to a good home etc) but the legal advice to the original owner was quite clear. He was told by the local council that while the dog was microchipped to him he was responsible for any actions of the dog and any fines etc. Also the vet was formally informed at that they were looking at a possible ten-thousand dollar fine for giving the dog to someone who was not registered as the owner on the microchip. In the RSPCA case they would be in the same position as the vet - if the registered owner (by whatever means is used - council documentation - chips etc) didn't authorize the surrender then the RSPCA has no right to hold the dogs. Any expenses are their problem. Sadly in the eyes of the law dogs are property and if you look at other property the law is simple - you can't hold onto someone's property once a proper demand for it's return has been made by the legal owner - if you do it's theft. If you want to claim expenses - you can bill them - even sue them - but you can't refuse to return their property.
