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To start an application at the NSW Civil and Administrative Tribunal (NCAT) about goods left behind, you will need to complete an Uncollected goods application form and pay the filing fee. You can apply online or in person at an NCAT registry.
You are called the ‘Applicant’ and the other party you are making a claim against is called the ‘Respondent’. The person who left the goods is the ‘Depositor’ and the person or business who has the goods is the ‘Receiver’.
There are strict time limits for making an uncollected goods application. For more information, see Going to NCAT.
You need one form:
Uncollected goods application
You can download the form from the Forms page on the NCAT website.
If the respondent is a registered 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.
You must provide their correct legal name and registered address. If you don’t have the correct details your application may be dismissed or delayed.
You should prepare your supporting documents, for example, any agreements you had between you and the respondent about the goods, photographs of the goods, receipts and invoices.
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.
You can search the PPSR on the Australian Financial Security Authority website.
Do not send any original documents. Always keep a copy for your own records.
If you don’t have any supporting documents, you should get legal advice before you apply to NCAT.
You will need to complete the form.
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
the respondent’s details
the type of order you want, for example, an order for delivery of goods.
Carefully go through the application checklist at the end of the application form. If you are happy with your application, write your name, sign and date the form. You should make a copy of your application for your own records.
Sample: Uncollected goods application
You will need to pay an application fee.
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:
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 Uncollected goods 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.