Step by step guide - Applying to NCAT for uncollected goods

If your claim is against an individual, you need their first and last name and their correct address.

You can search the White Pages, social media, ask other people who know the person or hire a private investigator. A private investigator will cost you money.

If your claim is against a business or a company, you must provide a copy of a recent business name extract or ASIC company extract with your application.  

For more information, see Applications about a business or company on the NCAT website. 

If you don’t have the correct details of the respondent, your application may be dismissed or delayed.

The time limit for making a claim in NCAT depends on the type of order and the value of the goods. The time will usually start from:

• when the person who has the goods provided notice to the owner of the goods, or
• when the goods were left in the possession of the person, or
• when the agreement for the return of the goods ended.

You should gather your supporting evidence. This includes:

• ​copies of contracts, emails or letters that support what you say happened
• witnesses who can make a statement
• receipts, quotes or invoices that show how much the goods are worth
• photographs of the goods (in colour).

If the application is about a motor vehicle, you will also need to attach a search from the Personal Property Securities Register (PPSR) and a certificate from the Commissioner of Police to confirm that the motor vehicle is not stolen. 

To start a case at NCAT, your claim must have some connection with NSW. For example:

• ​the goods are in NSW
• the agreement in relation to the goods was made in NSW
• you or the other party live or have a business in NSW.

If one of the parties is a permanent resident of another State in Australia, NCAT will not be able to hear the case because there is a ‘federal jurisdiction’ problem. This does not apply to corporations or residents in a Territory. 

For more information, see Federal jurisdiction on the NCAT website. 

You can apply:

• using NCAT Online Services, or 
• by completing the General list application form and lodging it at any NCAT Registry.

If you are applying on NCAT Online Services, you will need to set up an account and register your details on the NSW Online Registry website.

You need to provide your details as the applicant and the details of the respondent. 

You will need to provide the following information in the application:

• where the goods are located
• description of the goods
• value of the goods
• if you are applying as the depositer (the person who left the goods with someone), the receiver (the person who has the goods), or as a person who has an interest in the goods
• your details 
• the respondent’s details 
• the type of order you want, for example, an order for delivery of goods.

If you are not applying online, you should make a copy of your application for your own records.

Sample: General list application

You must pay a filing fee when lodging your application online or at an NCAT Registry.

For more information about the current fees, see Fees at NCAT on the NCAT website.

If you are a pensioner or student receiving an allowance, or receiving help from a community legal centre, you may be eligible to pay a reduced fee or fee waiver. 

For more information, see Reduced fees and fee waivers on the NCAT website.

The application fee can be paid:

• by cheque or money order made payable to “NSW Civil and Administrative Tribunal” or “NCAT” 
• in person at any NCAT Registry or Service NSW.

If you are not applying online, you can lodge your completed application at the nearest NCAT Registry. If you are not sure where the nearest Registry is, you can call NCAT on 1300 006 228 and select option 1 for the Consumer and Commercial Division.

After you file your General list application at NCAT, you will receive a letter from NCAT telling you the date and time for conciliation and hearing. NCAT will also notify the respondent in writing.

For more information, see the Uncollected goods page on the NCAT website.

After you file your application with NCAT, your matter will be listed for a conciliation conference. 

For more information, see Conciliation on the NCAT website.

If you are unable to resolve your dispute at conciliation, your matter will be set down for a hearing. 

The Tribunal Member will hear the submissions made by both parties in the matter and consider the evidence provided before making an order.

For more information, see On the hearing day on the NCAT website. 

If you’re not happy with the order, you can ask for an internal appeal of the decision within 28 days.  You will need to show that the Tribunal made an error on a question of law. It is not an opportunity to have another hearing.

For more information, see Appeal an NCAT decision on the NCAT website.

An order made by NCAT is binding on the parties and legally enforceable. 

If the other party does not comply with the order, you can register it with the Local Court for enforcement. 

For more information, see Enforcing NCAT orders.