You can use the information in this topic to help you resolve a dispute about:
- personal property – such as cars, jewellery or furniture
- pets
- goods left behind in a tenancy, or
- goods left with a business for repairs.
Different laws apply to situations such as:
- property attached to land
- liens
- goods left in a storage facility
- Property Recovery Orders in an Apprehended Violence Order (AVO) case
- disputes about property after a marriage or de facto relationship has ended
- goods left with a pawnbroker
- animals left on a property to graze (known as 'agistment')
- stolen goods.
For more information, see Types of goods.
Giving notice before disposing the goods
Depending on the type of goods and their value, the person who has the goods in their possession must give notice to the owner before they are allowed to dispose of them.
For more information, see Giving notice before disposing the goods
If you left your goods with someone
If someone has your goods and won't return them, you can make a claim asking them to return the goods to you or pay you the monetary value of the goods.
You can contact them by phone, email, sms or letter. A common way to make a claim is to send a letter of demand.
For more information, see If you left your goods with someone.
If someone has left their goods with you
If someone is trying to get goods back from you, they might phone you, email you, send you an sms or send you a letter of demand.
There are different ways that you can respond to their claim, including writing a response to their letter of demand.
For more information, see If someone has left their goods with you.
Resolving your dispute
If you have a dispute with someone about goods, it is really important to try to resolve that dispute without starting a case. Talk to the other person, negotiate with them, or try mediation.
For more information, see Resolving your dispute.
Going to the NSW Civil and Administrative Tribunal
If you can't resolve your dispute, you may end up in the NSW Civil and Administrative Tribunal (NCAT).
If you are trying to get your goods back, you will need to decide whether to start a case.
If someone is trying to get goods back from you and they start a case against you, you will need to decide how to respond to the case.
It is a good idea to try to avoid going to NCAT by resolving your dispute by agreement, if possible.
For more information, see Going to NCAT.
Going to the Local Court
If you are trying to recover your goods and the NSW Civil and Administrative Tribunal (NCAT) is unable to hear your matter because it doesn't 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.
Flowcharts
This section gives you a visual overview of how to make or respond to a claim for goods.
For more information, see Flowcharts.
Forms
This section has sample forms and letters.
For more information, see Forms.
Frequently Asked Questions
This section has answers to common questions that you may have about disputes over goods.
For more information, see Frequently Asked Questions.
Last updated: September 2021