Uncollected goods

What is the definition of goods?

Goods include personal property such as cars, jewellery, pets and furniture. It does not include land.

For more information, see Types of goods on the My problem is about section of our website.

Does the Uncollected Goods Act 1995 (NSW)​ apply to my problem?

The Uncollected Goods Act 1995 (NSW) covers goods left behind as part of a bailment. A bailment is when you are holding goods for someone for a particular purpose and you are to return those goods to that person when the purpose is fulfilled, for example, keeping someone's personal possessions for a period of time, or repairing goods.

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

The term uncollected goods also applies to goods abandoned or left behind on some premises after an occupancy agreement ends.

The Act applies to goods left behind in:

• boarding houses
• community schemes
• holiday parks
• residential tenancies
• residential land lease communities
• retirement villages
• strata schemes.

The Uncollected Goods Act 1995 (NSW) does not apply to some situations, such as:

• goods given to a pawnbroker or second hand dealer
• goods left with a storage company
• goods left on public transport.

If you are unsure whether the Uncollected Goods Act 1995 (NSW) applies to your situation, you should get legal advice.

If the goods relate to a de facto relationship or marriage, you should get legal advice​.

How do I know what the goods​ are worth? 

To work out the value of goods you could:

• look at the second hand value of the goods (look in shops or online to get an idea of the value)
• speak to an expert who can give you their opinion about the value of the goods, for example, you could speak to a business that specialises in valuing antiques if you have an antique piece of furniture that has been left with you
• speak to the owner of the goods, which may or may not be the person that left the goods with you - you could ask them what the goods are worth or whether they have any documentation about their value.

If you are not sure about the value of the goods, you should get legal advice.

You will need to work out the value of the uncollected goods to know which rules apply. The period of notice that has to be given will depend on the value and type of uncollected goods. Goods valued over $20,000 can't be disposed of without an order from the NSW Civil and Administrative Tribunal. 

What if my goods were left in a storage facility?

The Uncollected Goods Act 1995 (NSW) does not apply to situations where goods have been left in a storage facility for a fee.

If your goods are stored with someone who runs a storage facility as a business, that person is known as a bailee for hire and the law that applies is the Storage Liens Act 1935 (NSW). The facility has a 'lien' (a right to detain your goods) until all outstanding fees and charges are paid.

If you pay any fees and charges owed under your storage agreement, you are entitled to demand your goods back. If they are not returned, you can take action in the Local Court.

If there are outstanding fees and charges, and you have not arranged to pay and collect your goods, the facility has a right to sell your goods by public auction as long as they follow these steps:

• some of the charges due must be at least six months in arrears
• they must give you written notice (personally or by registered post) that your goods will be advertised for sale - the notice must contain a number of things including a description of the goods and their location, and an itemised statement of the money owed, and must give them at least one month to pay 
• they must advertise the goods for sale by public auction in both a metropolitan and local newspaper on two consecutive weeks
• they must wait until 14 days after the first advertisement before they can sell the goods.

The facility can deduct its outstanding fees and costs from the proceeds of sale, and they must deposit any left over money with Revenue NSW.

You can get your goods back before they are sold if you pay all outstanding fees and charges.

If you and the storer of your goods disagree about the money owed for storing or disposing of your goods, you should get legal advice.

Can I take a vehicle that has been abandoned on public property?

You can’t take possession of a motor vehicle abandoned on public property, including a car, boat trailer, caravan or other trailer. If you do so, you may be committing a criminal offence.

You can report the abandoned motor vehicle to your Local Council as they may have the power to impound, sell or destroy the vehicle.

If a boat has been left on public property, you should get legal advice.

Can I dispose of goods​​ that have been left with me?

You can dispose of goods left with you if:

• the goods were left with you under a bailment
• the Uncollected Goods Act 1995 (NSW) applies to your situation
• you have followed the notice requirements in the Uncollected Goods Act 1995 (NSW), which can vary depending on what the goods are worth
• the goods are perishable or are of a certain type, such as a motor vehicle
• you have a specific agreement or contract that deals with how uncollected goods can be disposed of.

You have an obligation to keep the goods safe until it is collected by the owner. If you dispose of the uncollected goods without giving the correct amount of notice, the owner of the goods may start a claim against you in the NSW Civil and Administrative Tribunal (NCAT).

For more information, see If someone has left their goods with you on the My problem is about section of our website.

My friend left some furniture at my place. She is refusing to pick up the goods.  How can I get rid of it?

Depending on the value of the goods, you will need to provide written notice to the owner of the goods. It’s important to keep a copy of the notice you provided to the owner of the goods.

If you dispose of the goods without providing the relevant notice, the depositor (the owner of the goods) can apply to the NSW Civil and Administrative Tribunal (NCAT) for compensation for any damage to the goods.

If the goods are valued more than $20,000, you will need to apply to NCAT for an order before you can dispose of the goods.  

For more information, see:

• If someone has left their goods with you on the My problem is about section of our website
• Uncollected goods on the NSW Fair Trading website. 

How much notice do I have to give before I can dispose of the goods?

Depending on the type and value of the goods, you must give a certain amount of notice to the owner before you can dispose of the goods.

For goods valued at over $20,000, the law doesn't state a notice period you have to give as you need to apply for an order from the NSW Civil and Administrative Tribunal (NCAT) to get permission to dispose of the goods. 

You will need to keep a record of the notice you give to the owner of the goods in case there is a dispute.

For more information, see Giving notice before disposing the goods in If someone has left their goods with you on the My problem is about section of our website.

What do I put in the notice?

When you give notice in writing, you must include:

• your name
• a description of the goods you want them to collect
• an address where the goods can be collected
• any money the person owes you for storage of the goods or other charges
• a date that the person must collect the goods by and a due date for any money owed for storage or other charges
• a statement that you will dispose of the goods if they are not collected by that date
• a statement that you will keep any money owed for storage or charges in relation to the goods once you have sold them.
  

For more information, see Giving notice before disposing the goods in If someone has left their goods with you on the My problem is about section of our website.

How do I give notice?

The notice must be served on the person that left the goods with you or anyone else that has an interest in the goods:

• personally - by handing it to them, or
• posting or leaving the notice at the person's last known address, or 
• by email.

You must give notice in writing for uncollected goods valued between $1,000 and $20,000. The minimum notice period you must give can vary depending on the value of the goods. If you are not sure what you need to do, you should get legal advice.

For more information, see Giving notice before disposing the goods in If someone has left their goods with you on the My problem is about section of our website.

What if I can't find the person that left ​the goods with me?  

If the goods are worth more than $1,000 you will need to give written notice to the person that left the goods with you. You can send your written notice:

•  by post to their last known address, or
• by email.  

If you are having difficulty locating the person, you could ask their family or friends for contact details. 

If you still can’t locate the person, you can:

• dispose of the goods and keep a record of the disposal, or
• apply for an order to dispose of the goods if it’s worth more than $20,000.
  

You will then need to send the proceeds of the sale as unclaimed money to Revenue NSW. 

How do I dispose of the ​goods?

You can dispose of the goods when you have:

• given the required notice period to the person that left the goods with you, or
  
• received an order from the NSW Civil and Administrative Tribunal (NCAT) giving you permission to dispose of the goods.
  

Disposing of goods generally means selling them.

The Uncollected Goods Act 1995 (NSW) outlines how you can dispose of the goods depending on their value:

You should keep a record of the disposal.

For more information, see Giving notice before disposing the goods in If someone has left their goods with you on the My problem is about section of our website.

What details do I record when​​​ I sell the goods?

When you have followed the correct procedure in the Uncollected Goods Act 1995 (NSW) and sold the goods, you have seven days to make a record of what goods you disposed.

For goods valued under $1,000, you must keep these records for 12 months after the date of disposal. For goods valued between 1,000 and $20,000, as well as for personal documents, you must keep records for six years.

Your record should have the following details:

• a description of the goods that were sold
• the date the goods were sold
• whether the goods were sold by private sale or auction
• how you disposed of the goods
  
• the name of the person the goods were sold to (for a private sale) or the name of the business or auctioneer (for public sale) and their address
• how much the goods were sold for and any relevant charges you have kept from the sale proceeds, for example, storage fees or auction fees
• the date the NSW Civil and Administrative Tribunal (NCAT) made an order for you to dispose of the goods, if an NCAT order was needed.

Can I keep money from the sale of​​ the goods?

You are not entitled to keep the money you get from selling the goods after you follow the procedure outlined in the Uncollected Goods Act 1995 (NSW). You are only entitled to keep an amount for the reasonable storage or maintenance costs associated with those goods, and the costs of disposal.

Any money left over is to be dealt with under the Unclaimed Money Act 1995 (NSW). This Act sets out the procedure for dealing with unclaimed money, including a responsibility to make a reasonable effort to locate the owner of the money, or to lodge a return (money and details of how the money arose) with the Chief Commissioner of State Revenue.

For more information, see Unclaimed money on the Revenue NSW website. 

Am I responsible if the goods are damaged?

You may be legally responsible for damage to goods left in your possession if you:

• intentionally caused damaged to the goods
• could have done something to prevent damage being caused to the goods
• did not follow any agreement you had with the person that left the goods and this contributed to their damage.

If there is a dispute about damage caused to goods that were left with you, you should get legal advice. 

Can I keep the goods if they are uncollected?

You won't become the legal owner of goods left with you simply because the goods have not been collected. 

You must return the goods to the depositor (the owner of the goods) upon demand. If you refuse to return the goods, the depositor can start a claim against you in the NSW Civil and Administrative Tribunal (NCAT).

You may also be held responsible if you damage or destroy the goods or sell them without following the procedure in the Uncollected Goods Act 1995 (NSW).

What can I do if a motor vehicle has been left on my property?

If someone has abandoned a car on your property, you will need to get:

• a certificate from the Commissioner of Police to say that the car is not stolen - an application for this certificate must be served on the Commissioner of Police at least 28 days before the car is to be sold
• written search results for any registered security interests over the car - you can do this by undertaking a search on the Personal Property Security Register (PPSR) on the Australian Financial Security Authority website.

If the car is valued more than $20,000, you will need to make an application to NCAT for an order to dispose of the car.

If the car is valued at less than $20,000 you must follow the procedure in the Uncollected Goods Act 1995 (NSW) about giving a certain amount of notice before disposal.

You must keep a record of the disposal and send the proceeds of the sale to Revenue NSW if you can’t locate the owner. 

What if a tenant has left behind goods?

Depending on the type and value of the goods left behind by the tenant, you will need to give notice before you can dispose of the goods. 

For notice periods, see the FAQ “How much notice do I have to give before I can dispose of the goods?”

You are not allowed to charge an occupation fee once the tenancy ends but you can charge a tenant for the actual cost of removing, storing, maintaining, insuring or disposing the goods.

For more information, see:

• Goods left behind on the Tenants' Union of New South Wales website
  
• Uncollected goods on the My problem is about section of our website
  
• Uncollected goods on the NSW Fair Trading website
• Uncollected goods on the NCAT website

If the goods are valued more than $20,000 you must apply to NCAT for an order before disposing the goods. 

If you dispose the goods without giving the required notice, the tenant can claim the value of the goods by making an application in NCAT. 

What are the time limits to apply to the NSW Civil and Administrative Tribunal?

There are certain time limits to apply to the NSW Civil and Administrative Tribunal (NCAT) if you want to apply for an order for compensation or delivery of goods.

The time limit starts from when the depositor (the owner) left the goods, or from when the receiver (the person who has the goods) gave notice. 

For more information, see Step by step guide - Applying to NCAT for uncollected goods on the My problem is about section of our website.

How do I apply to the NSW Civil and Administrative Tribunal?

You can apply:

• using NCAT Online Services, or 
• by competing the General List application form and lodging it any NCAT Registry.

To apply, see Uncollected goods on the NCAT website.

You will need to pay a filing fee when you lodge your application.

If you are applying for an order to deal with an abandoned car, you must also have:

• a certificate from the Commissioner of Police to say that the car is not stolen
• written search results from the Personal Property Security Register (PPSR) to show that the car is unencumbered.

An application for uncollected goods can be made by the depositor (the person who owns the goods or who has an interest in the goods, or the receiver (the person who has possession of the goods).

For more information, see:

• Step by step guide - Applying to NCAT for uncollected goods on the My problem is about section of our website.
• Uncollected goods on the NCAT website. 
  

What types of orders can the NSW Civil and Administrative Tribunal make about uncollected goods?

The NSW Civil and Administrative Tribunal (NCAT) can make an order:

• authorising the removal or disposal of the uncollected goods
• for the sale of the uncollected goods
• for the manner of sale and payment of the proceeds of the sale of uncollected goods.

If the depositor of the goods or a person who has an interest in the goods applies to NCAT, they may ask for an order for you to:

• pay compensation for uncollected goods disposed of otherwise than in accordance with the Uncollected Goods Act 1995 (NSW)
• pay compensation for uncollected goods damaged in your possession
• deliver the goods into the depositor’s or other person’s possession 
  
• pay the proceeds of sale or an equivalent amount to the depositor. 
  

What happens if the NSW Civil and Administrative Tribunal tells me that my case does not fall under the Uncollected Goods Act 1995?

You may be able to start a case in the Local Court. 

For more information, see Step by step guide - Applying to the Local Court for recovery of goods in the My problem is about section of our website.

Before starting a claim in the Local Court, you should get legal advice.

How do I apply for an adjournment?

If you want to change the date of the hearing, you should inform the other party in writing and ask them if they agree. You will need to complete the Adjournment request form or send a request in writing explaining your reasons for an adjournment. You should include supporting documents with your request. 

It is up to NCAT to accept or refuse the adjournment.

For more information, see Adjournments on the NCAT website.

I missed the hearing at NCAT. Can I ask to have my case re-heard?

If you applied to NCAT and your case was dismissed because you missed the hearing, you may be able to ask NCAT to reinstate your case within seven days.  

NCAT can only reinstate your case if you have a reasonable explanation for why you missed the hearing.  

You can’t apply to reinstate your case if you were the respondent.  

You may also be able to apply to set aside or vary the decision within seven days if you could not attend the hearing and your case was not adequately put to NCAT.  

 For more information, see After the hearing on the My problem is about section of our website. 

Can I appeal the decision of NCAT?

If you are unhappy with the decision made by the NSW Civil and Administrative Tribunal (NCAT), you may be able to appeal to the Appeal Panel of NCAT within 28 days.  

You may be able to appeal:  

• on a question of law  
• on any other question, with the leave (permission) of the Appeal Panel.  

For more information, see Appeal to the Appeal Panel in After the hearing on the My problem is about section of our website. 

How do I enforce an order from the NSW Civil and Administrative Tribunal?

An order made by the NSW Civil and Administrative Tribunal (NCAT) is binding and legally enforceable. If the other party does not follow the order, you can enforce it through the Local Court.

You will need to register your order as a judgment in the Local Court.

For more information, see Step by step guide - Enforcing NCAT orders on the My problem is about section of this website.