Going to court

If you can't resolve your dispute about goods, you may end up in court. However, it is a good idea to try to avoid going to court by settling your dispute through negotiation or mediation, if possible. For more information, see Resolving your dispute​.

Which court?

A court case to recover goods in NSW is dealt with in:

• ​the Small Claims Division of the Local Court where the claim is for up to $20,000
• the General Division of the Local Court where the claim is for more than $20,000 and up to $100,000 (or $120,000 in some limited circumstances)
• the District Court or the Supreme Court where the claim is for more than $100,000 (or $120,000 in some limited circumstances).

Time limits

The time limit for making a claim for recovery of goods is six years. The time will usually start from when one party first demanded the return of the goods from another. If an agreement was made for the return of the goods, the time limit starts from when the agreement ended. 

If you think you may be outside the time limit, you will need to ask the court for permission to start a case out of time. You should get legal advice first.  

Getting your goods back

If someone has your goods and won't return them, you will need to decide whether to start a court case. 

Y​ou should carefully consider whether or not it is worth starting a court case. For more information, see Should you go to court?

For information about going to court to recover goods worth $20,000 or less, see the Local Courts – Small Claims​ topic in the Representing Yourself section of this website. Read through the section 'Does someone owe you money or goods?'

If the value of the goods is more than $20,000 you should get legal advice. For some information, see Local Court - General Division.

Being chased for goods

If someone is chasing you for goods and they start a case against you, you will need to decide how to respond to the court case. 

For more information about responding to a court case claiming $20,000 or less, see the Local Courts – Small Claims​​ topic in the Representing Yourself section of this website. Read through the section 'Is someone chasing you for money or goods?'

If you are being chased for more than $20,000, you should get legal advice​. For some information, see Local Court - General Division.