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Uncollected goods

Information about goods and property held under a bailment.

  • This topic covers

    This topic covers

    • Goods and property that are being held under a 'bailment'.

    A 'bailment' is when a person is holding goods for someone for a particular purpose and the goods are returned when the purpose is fulfilled, for example, storing someone's personal possessions for a period of time, and repairing goods.

    If there was no specific agreement about the goods then this is called 'involuntary bailment'.

    This topic does not deal with:

    • property left with a pawnbroker or second hand dealer
    • property left behind from a de facto relationship or marriage
    • goods kept in a storage facility
    • property that can be recovered with a property recovery order in an Apprehended Domestic Violence Order matter.

Notice periods for disposing of uncollected goods

Type of goods
​Type of notice required
​How goods can be disposed after the relevant notice
​Rubbish and perishables (for example, food items)​Notice is not required​Can be disposed immediately
​Personal documents (for example, a birth certificate)​At least 28 days written notice to the owner of the goods​Must either be returned to the authority who issued the document, or securely destroyed
Goods worth less than $1,000 (Low value)​At least 14 days verbal or written notice to the owner of the goods​Can be disposed in any way
​Goods worth between $1,000 and $20,000 (Medium value)​At least 28 days written notice to the owner of the goods​Can be sold at a public auction. Keep a record of the sale and send proceeds to Revenue NSW
Goods worth more than $20,000 (High value)You must apply to the NSW Civil and Administrative Tribunal (NCAT) for an order allowing you to dispose of the goodsIn accordance with NCAT order

Keeping records

Value of goodsAmount of time you must keep records
Under $1,00012 months
$1,000 - $20,000Six years
Personal documentsSix years

Time limits to apply to NCAT for an order about uncollected goods

Type of order
​Goods valued less than $1,000 (low value)
​Goods valued between $1,000 and $20,000 (medium value)
​Goods valued over $20,000 (high value)
​Compensation for goods destroyed​60 days​60 days​90 days
​Compensation for goods damaged​60 days​60 days​90 days
​Delivery to owner or other person​180 days​180 days​180 days
​Payment of proceeds of sale or equivalent amount to owner or other person​180 days​180 days​180 days

Other time limits

Time limitAction
28 daysTo apply for an internal appeal at NCAT
12 yearsTo enforce an NCAT judgment, from the time it is registered in the Local Court
OtherDifferent time limits and notice requirements apply when goods are held by a storage facility. The Storage Liens Act 1935 (NSW) applies.

Organisation

OrganisationResponsibilities
NSW Civil and Administrative Tribunal (NCAT)Makes orders about uncollected goods.

Legislation

AuthorityCovers
Uncollected Goods Act 1995 (NSW)

Sets out the process for disposing of uncollected goods.

You can dispose of uncollected goods without getting an order from NCAT if the goods are valued at less than $20,000 and there is no dispute about the condition, repair or fees involving the goods. Goods are usually 'disposed of' by sale unless they are perishable items or personal documents.

The Uncollected Goods Act 1995 (NSW) divides goods into the following categories. Each one has different processes that must be followed for disposing of them:

  • Less than $1,000 (Low value)
  • $1,000 to $20,000 (Medium value)
  • $20,000 and over (High value)
  • Personal documents
  • Rubbish and perishable goods.
Uncollected Goods Regulation 2017 (NSW)The laws relating to uncollected goods held under a bailment.
Storage Liens Act 1935 (NSW)The laws relating to goods held by a storage facility.

Common termDefinition
BaileeThe person that holds the goods of another person under a ​​bailment.
BailmentWhen you are holding goods for someone for a particular purpose and you were to return those goods to that person when the purpose was fulfilled, for example, storing someone's personal possessions for a period of time, or repairing goods. If there was no specific agreement about the goods, this is called involuntary bailment.
BailorThe person who gives the goods to another person to hold under a bailment.
​DepositorThe person who gives possession​ of the goods, whether or not they are the owner of the goods, and includes a bailor.
DisposeTo sell or destroy something. How you can legally dispose of something depends on the value of the goods.
GoodsPersonal property such as cars, jewellery, and furniture. It does not include land or a security interest, for example, mortgaged goods.
​Lien​When someone claims they have an interest in something, for example, a car, animal or property because of payment or debt owed to them.
​Perishable
​Goods that are likely to decay or deteriorate, such as food.
​Property recovery order​An order made by the court that allows a defendant in an AVO matter to collect their property from the residence of the protected person, or that allows the protected person to collect their property from the residence of the defendant.
ReceiverThe person who takes possession of goods and includes a bailee.

OrganisationFee
NSW Civil and Administrative Tribunal (NCAT)Fees at NCAT

OrganisationForms
NSW Civil and Administrative Tribunal (NCAT)

General list application form

Adjournment request form

OrganisationTypeCosts
NSW Civil and Administrative Tribunal (NCAT)Professional costsParties usually pay their own costs. In exceptional circumstances, NCAT can make costs orders in proceedings involving uncollected goods.
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about uncollected goods.

Go to questions

Services

Community Justice Centres

Community Justice Centres offer free mediation services.

Community Legal Centres NSW

Community Legal Centres can provide free legal help to people in need.

Solicitor Referral Service

If you need a lawyer, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: February 2024