InspectorRex Posted October 28, 2011 Share Posted October 28, 2011 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) Link to comment Share on other sites More sharing options...
bullyfan Posted October 28, 2011 Share Posted October 28, 2011 I don't know anything about syndicates but I do know that if the dogs were in the pound, the "registered owner" is the one in who's name they are microchipped. Link to comment Share on other sites More sharing options...
Steve Posted October 28, 2011 Share Posted October 28, 2011 I don't know anything about syndicates but I do know that if the dogs were in the pound, the "registered owner" is the one in who's name they are microchipped. Yep my guess is the chip wins Link to comment Share on other sites More sharing options...
Mrs Rusty Bucket Posted October 28, 2011 Share Posted October 28, 2011 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. Link to comment Share on other sites More sharing options...
Greytmate Posted October 28, 2011 Share Posted October 28, 2011 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. Link to comment Share on other sites More sharing options...
InspectorRex Posted October 28, 2011 Author Share Posted October 28, 2011 Thanks all for your input. I will let my friend know and he can take it from there Link to comment Share on other sites More sharing options...
Tilly Posted October 28, 2011 Share Posted October 28, 2011 If he can't approach his "friend" and ask for his dogs back ... then is there really a friendship to speak of? Link to comment Share on other sites More sharing options...
BJean Posted October 29, 2011 Share Posted October 29, 2011 1. How long have the dogs been living with the othrer person. 2. Is the other person the breeder of the dogs? Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 29, 2011 Share Posted October 29, 2011 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 Link to comment Share on other sites More sharing options...
Alkhe Posted October 29, 2011 Share Posted October 29, 2011 (edited) 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... Edited October 29, 2011 by Alkhe Link to comment Share on other sites More sharing options...
ravensmyst00 Posted October 29, 2011 Share Posted October 29, 2011 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 Link to comment Share on other sites More sharing options...
Bilbo Baggins Posted October 29, 2011 Share Posted October 29, 2011 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. Link to comment Share on other sites More sharing options...
Rozzie Posted October 29, 2011 Share Posted October 29, 2011 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. Link to comment Share on other sites More sharing options...
pebbles Posted October 29, 2011 Share Posted October 29, 2011 Not sure if this has changed over time but some while ago there was a case re ownership and the VCA (KCC then) papers were deemed as identification not ownership papers. Link to comment Share on other sites More sharing options...
huskies4life88 Posted October 29, 2011 Share Posted October 29, 2011 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. 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?? Link to comment Share on other sites More sharing options...
Danois Posted October 29, 2011 Share Posted October 29, 2011 Not too many lawyers out there are across companion animal ownership laws - it could turn out to be an expensive exercise. Link to comment Share on other sites More sharing options...
Alkhe Posted October 30, 2011 Share Posted October 30, 2011 (edited) 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 October 30, 2011 by Alkhe Link to comment Share on other sites More sharing options...
experiencedfun Posted October 30, 2011 Share Posted October 30, 2011 It is hard for anyone to actually comment without the FACTS Link to comment Share on other sites More sharing options...
Danois Posted October 30, 2011 Share Posted October 30, 2011 (edited) Alkhe - I know ;) Edited October 30, 2011 by Danois Link to comment Share on other sites More sharing options...
DerRottweiler Posted October 30, 2011 Share Posted October 30, 2011 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). Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now