Going to NCAT
If you can't resolve your dispute about goods, you may end up in the NSW Civil and Administrative Tribunal (NCAT). However, it is a good idea to try to avoid going to NCAT by settling your dispute through negotiation or mediation, if possible. For more information, see Resolving your dispute.
If you are trying to recover your goods and NCAT tells you that your matter 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 Going to the Local Court.
Claims about uncollected goods are dealt with in the Consumer and Commercial Division of NCAT.
NCAT can make an order for:
- Removal or disposal of the goods
- Delivery of the uncollected goods
- Sale of the uncollected goods
- Payment of compensation.
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.
Compensation for goods destroyed
Compensation for goods damaged
Delivery to owner or other person
Payment of proceeds of sale or equivalent amount to owner or other person
If you think the time limit to make a claim has passed, you should get legal advice.
If you left your goods with someone
If someone has your goods and won't return them, you will need to decide whether to start a case at NCAT.
You should carefully consider whether it is worth going to NCAT. For more information, see Should you go to NCAT?
If someone has left their goods with you
If the goods are worth more than $20,000 and you want to dispose of them, you must apply to NCAT for an order before you do.
If there is a dispute over the ownership over the goods and you believe they belong to you, you can apply to NCAT for an order.
Step by step guide: Making an application for uncollected goods at NCAT
If someone is chasing you for goods and they apply to NCAT for an order, you will need to decide how to respond to the claim. You will receive a letter from NCAT giving you date and time to attend a conciliation and hearing.
For more information, see: