As with criminal action, civil action may be a last resort due to the costs, delays, stress, risk and damage to relationships that can accompany litigation.
If the transfer of assets was a loan not a gift, but the loan remains unpaid (and you have judgment regarding this – see Lawyers Practice Manual Ch 3.1 ‘Acting for a Creditor in the Magistrates’ Court’ for a guide to process), recovery options may include:
- attachment of earnings
- instalment orders
- attachment of debt (against bank account)
- warrant of seizure or sale
- warrant to sell a house
- sequestration order.
Negotiation might be more advisable.
Mediation is also an option and the free services of the Dispute Settlement Centre of Victoria may assist.