{"id":"nsw:act-1935-019","name":"Storage Liens Act 1935","slug":"storage-liens-act-1935","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"19 of 1935","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111699,"registerId":"nsw-act-1935-019-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Storage Liens Act 1935](/view/html/inforce/current/act-1935-019).\n> \n> **s 1:** Am 2014 No 88, Sch 1.31 \\[1\\].","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, unless the context otherwise requires—\n> \n> Goods shall include personal property of every description that may be deposited with a storer as bailee.\n> \n> Storer means a person lawfully engaged in the business of storing goods as a bailee for hire.\n> \n> **s 2:** Am 2014 No 88, Sch 1.31 \\[2\\] \\[3\\].","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Declaration of storer’s lien","content":"#### 3 Declaration of storer’s lien\n\n3 Declaration of storer’s lien\n\n> > (1) Subject to the provisions of section 5, every storer shall have a lien on goods deposited with him or her for storage, whether deposited by the owner of the goods or by his or her authority, or by any person entrusted with the possession of the goods by the owner or by his or her authority.\n> \n> > (2) A storer’s lien over property has priority over any other interest in the property and may be enforced accordingly.\n> \n> > (3) Section 73 (2) of the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth is declared to apply to a storer’s lien.\n> \n> **s 3:** Am 2010 No 57, Sch 1.25 \\[1\\]; 2014 No 88, Sch 1.31 \\[4\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Charges covered by lien","content":"#### 4 Charges covered by lien\n\n4 Charges covered by lien\n\n> The lien shall be for the amount of the storer’s charges, that is to say—\n> \n> > (a) all lawful charges for storage and preservation of the goods, and\n> \n> > (b) all lawful claims for money advanced, interest, insurance, transportation, labour, weighing, coopering, and other expenses in relation to the goods, and\n> \n> > (c) all reasonable charges for any notice required to be given under the provisions of this Act and for sale of the goods where default is made in satisfying the storer’s lien.\n> \n> **s 4:** Am 2014 No 88, Sch 1.31 \\[4\\]; 2024 No 25, Sch 4.3\\[1\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Notice of lien—goods deposited by person entrusted with possession","content":"#### 5 Notice of lien—goods deposited by person entrusted with possession\n\n5 Notice of lien—goods deposited by person entrusted with possession\n\n> > (1) Where the goods on which a lien exists were deposited not by the owner or by his or her authority, but by a person entrusted by the owner or by his or her authority with the possession of the goods, the storer shall, within two months after the date of the deposit, give notice of the lien—\n> > \n> > > (a) to the owner of the goods, and\n> > \n> > > (b) to any other person of whose interest in the goods the storer has actual knowledge.\n> \n> > (2) The notice shall be in writing and contain—\n> > \n> > > (a) a brief description of the goods, and\n> > \n> > > (b) a statement showing the location where the goods are stored, the date of their deposit with the storer, and the name of the person by whom they were deposited, and\n> > \n> > > (c) a statement that a lien is claimed by the storer in respect of the goods under this Act, and\n> > \n> > > (d) such other particulars as are prescribed.\n> \n> > (3) (Repealed)\n> \n> > (4) Where the storer fails to give the notice required by this section, his or her lien, as against the person to whom he or she has failed to give notice, shall be void as from the expiration of the period of two months from the date of the deposit of the goods.\n> \n> > (5) In this section—\n> > \n> > owner of goods includes a person who has served the storer of the goods with a written notice that contains the following—\n> > \n> > > (a) a claim of ownership or interest in the goods and, if applicable, the nature of the interest claimed,\n> > \n> > > (b) information identifying the goods to which the notice relates,\n> > \n> > > (c) the name and address of the person making the claim.\n> \n> **s 5:** Am 2005 No 69, Sch 5.6 \\[1\\]; 2010 No 57, Sch 1.25 \\[2\\]; 2014 No 88, Sch 1.31 \\[4\\] \\[5\\]; 2017 No 25, Sch 1.36 \\[1\\]; 2021 No 23, Sch 1.14\\[1\\] \\[2\\]; 2024 No 25, Sch 6.19\\[1\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Power to sell goods","content":"#### 6 Power to sell goods\n\n6 Power to sell goods\n\n> > (1) In addition to all other remedies provided by law for the enforcement of liens or for the recovery of storer’s charges a storer may sell by public auction, in the manner provided in this section, any goods upon which he or she has a lien for charges which have become due.\n> \n> > (2) The storer shall give written notice of his or her intention to sell—\n> > \n> > > (a) to the person liable as debtor for the charges for which the lien exists, and\n> > \n> > > (b) to the owner of the goods, and\n> > \n> > > (c) to any other person of whose interest in the goods the storer has actual knowledge.\n> \n> > (3) (Repealed)\n> \n> > (4) The notice shall contain—\n> > \n> > > (a) a brief description of the goods, and\n> > \n> > > (b) a statement showing the location where the goods are stored, the date of their deposit with the storer, and the name of the person by whom they were deposited, and\n> > \n> > > (c) an itemised statement of the storer’s charges showing the sum due at the time of the notice, and\n> > \n> > > (d) a demand that the amount of the charges as stated in the notice and such further charges as may accrue shall be paid on or before a day mentioned, not less than one month from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination according to the due course of post if it is sent by post, and\n> > \n> > > (e) a statement that unless the charges are paid within the time mentioned the goods will be advertised for sale and sold by public auction at a time and place specified in the notice.\n> \n> > (5) The storer may sell the goods if the charges are not paid on or before the day mentioned in the notice.\n> \n> > (5A) (Repealed)\n> \n> > (6) The Local Court may, on the application of the owner, made in the manner prescribed, at any time after the service of the notice by order, stay further proceedings under this section, for such period and on such terms as it deems just, and any proceedings under this section taken after due service of such order on the storer, and during the period specified in the order, shall be illegal.\n> \n> > (7) Nothing in this section authorises—\n> > \n> > > (a) the sale of goods deposited prior to the commencement of the [Warehousemen’s Liens (Amendment) Act 1989](/view/pdf/asmade/act-1989-175), unless at least some part of the charges in arrears relates to a period more than 12 months before the date on which the notice of intention to sell the goods is given, or\n> > \n> > > (b) the sale of goods deposited after the commencement of that Act, unless at least some part of the charges in arrears relates to a period more than 6 months before the date on which the notice of intention to sell the goods is given.\n> \n> > (8) In this section—\n> > \n> > owner of goods includes a person who has served the storer of the goods with a written notice that contains the following—\n> > \n> > > (a) a claim of ownership or interest in the goods and, if applicable, the nature of the interest claimed,\n> > \n> > > (b) information identifying the goods to which the notice relates,\n> > \n> > > (c) the name and address of the person making the claim.\n> \n> **s 6:** Am 1985 No 231, Sch 31; 1989 No 175, sec 3; 2005 No 69 Sch 5.6 \\[2\\]; 2007 No 94, Sch 1.102; 2010 No 57, Sch 1.25 \\[3\\]; 2014 No 88, Schs 1.31 \\[4\\] \\[5\\], 2.74; 2017 No 25, Schs 1.36 \\[2\\], 3.3; 2021 No 23, Sch 1.14\\[1\\] \\[3\\]; 2024 No 25, Sch 4.3\\[2\\], Sch 6.19\\[1\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Notices","content":"#### 7 Notices\n\n7 Notices\n\n> > (1) Where a notice of lien under the provisions of section 5, or a notice of intention to sell under the provisions of section 6 has been given, but section 5, 6 or 10A has not been strictly complied with, if any court before whom any question respecting the notice is tried or inquired into considers that the section has been substantially complied with, or that it would be inequitable that the lien or sale shall be void by reason of such non-compliance, no objection to the sufficiency of the notice shall in any such case be allowed to prevail so as to release or discharge the goods from the lien or vitiate the sale.\n> \n> > (2) (Repealed)\n> \n> > (3) Regulations made under this Act may provide for the giving of notice by advertisement in cases where any person to whom notice may be given pursuant to section 5 or section 6 is unknown to the storer, or where no address of any such person is known to the storer, and for the ascertainment of the day upon which such notice shall be deemed to have been given, and for any other matter relating to such advertisement.\n> > \n> > Any notice given by advertisement in accordance with such regulations shall for the purposes of this Act be deemed to have been given personally on the date ascertained pursuant to the regulations.\n> \n> **s 7:** Am 2014 No 88, Sch 1.31 \\[4\\]; 2018 No 65, Sch 7.14; 2024 No 25, Sch 6.19\\[1\\]–\\[3\\].","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Disposition of proceeds of sale","content":"#### 8 Disposition of proceeds of sale\n\n8 Disposition of proceeds of sale\n\n> > (1) From the proceeds of the sale the storer shall satisfy his or her lien, and shall pay over the surplus, if any, to the person entitled thereto; and the storer shall when paying over the surplus deliver to the person to whom he or she pays it a statement of account showing how the amount has been computed.\n> \n> > (2) If the surplus is not demanded by a person entitled to the surplus within 14 days after the sale, the surplus is to be dealt with as if the storer were an enterprise and the surplus were unclaimed money for the purposes of the [Unclaimed Money Act 1995](/view/html/inforce/current/act-1995-075).\n> \n> > (3), (4) (Repealed)\n> \n> **s 8:** Am 2009 No 49, Sch 2.62; 2014 No 88, Sch 1.31 \\[4\\]; 2020 No 25, Sch 3.1\\[1\\].","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Provision for payment before sale of goods","content":"#### 9 Provision for payment before sale of goods\n\n9 Provision for payment before sale of goods\n\n> > (1) At any time before the goods are sold any person claiming an interest or right of possession in the goods may pay the storer the amount necessary to satisfy his or her lien, including the expenses incurred in serving notices and advertisement and preparing for the sale up to the time of the payment.\n> \n> > (2) The storer shall deliver the goods to the person making the payment if he or she is the person entitled to the possession of the goods on payment of the storer’s charges thereon, otherwise the storer shall retain possession of the goods according to the terms of the contract of deposit.\n> \n> **s 9:** Am 2014 No 88, Sch 1.31 \\[4\\].","sortOrder":8},{"sectionNumber":"9A","sectionType":"section","heading":"Intermingled goods","content":"#### 9A Intermingled goods\n\n9A Intermingled goods\n\n> > (1) This section applies to goods that have been deposited with a storer by their owner, or by his or her authority, and that have become intermingled with other goods of the same kind owned by, or deposited with, the storer so as to form a single bulk quantity (the bulk).\n> \n> > (2) Unless the parties otherwise agree—\n> > \n> > > (a) the owner’s property in the goods becomes property in an undivided share in the bulk, and\n> > \n> > > (b) the owner becomes an owner in common of the bulk, and\n> > \n> > > (c) subject to paragraph (d), the owner and storer each have, in relation to the owner’s undivided share in the bulk, the same obligations as they would have had in relation to the goods had they not become part of the bulk, and\n> > \n> > > (d) the storer’s obligation to deliver the goods to, or to the order of, the owner becomes an obligation to deliver an equivalent quantity of goods out of the bulk to, or to the order of, the owner,\n> > \n> > as from the time the goods become part of the bulk.\n> \n> > (3) The owner’s undivided share in the bulk at any time is such share as, at that time, is equivalent to the quantity of goods that have been deposited by the owner less the quantity of goods that have been delivered out of the bulk to, or to the order of, the owner.\n> \n> > (4) If at any time the aggregate of all owners’ undivided shares in the bulk exceeds the whole of the bulk, those shares are to be reduced proportionately so that their aggregate is equal to the bulk.\n> \n> > (5) A person who becomes an owner in common of the bulk is taken to consent to—\n> > \n> > > (a) any delivery of goods out of the bulk to any other owner in common of the bulk, being goods to which this section applies, and\n> > \n> > > (b) any dealing with, or removal, delivery or disposal of, goods in the bulk by any other owner in common of the bulk, but only to the extent of that other owner’s undivided share in the bulk.\n> \n> > (6) No cause of action lies against any person by reason of that person’s having acted in accordance with subsection (5) (a) or (b) in reliance on the consent that exists by virtue of that subsection.\n> \n> > (7) This section does not apply to goods deposited with a storer before the commencement of the [Sale of Goods and Warehousemen’s Liens Amendment (Bulk Goods) Act 2006](/view/html/repealed/current/act-2006-119).\n> \n> **s 9A:** Ins 2006 No 119, Sch 2 \\[2\\]. Am 2014 No 88, Sch 1.31 \\[4\\].","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Application of Act","content":"#### 10 Application of Act\n\n10 Application of Act\n\n> The provisions of this Act shall apply to cases in which the goods were deposited for storage before as well as to cases in which the goods are deposited after the commencement of this Act but no notice pursuant to section 6 shall be given before the expiration of three months from such commencement.\n> \n> In applying section 5 to a case in which the deposit was made before such commencement that section shall be read as if, in subsection (1), the words “after the commencement of this Act” were substituted for the words “after the date of the deposit”; and as if the words “at the commencement of this Act” were substituted for the words “at the date of the deposit”; and as if, in subsection (4), the words “from the commencement of this Act” were substituted for the words “from the date of the deposit of the goods”.","sortOrder":10},{"sectionNumber":"10A","sectionType":"section","heading":"Service of documents","content":"#### 10A Service of documents\n\n10A Service of documents\n\n> > (1) A document that is authorised or required by this Act or the regulations to be served on a person may be served by the following methods—\n> > \n> > > (a) for an individual—by personal delivery to the person,\n> > \n> > > (b) by post to the address specified by the person for the service of documents of that kind,\n> > \n> > > (c) for an individual who has not specified an address for service by post—by post to the residential or business address of the person last known to the person serving the document,\n> > \n> > > (d) for a corporation—by post to the registered or other office of the corporation or by leaving the document at the office with a person apparently over the age of 16 years,\n> > \n> > > (e) by email to an email address specified by the person for the service of documents of that kind,\n> > \n> > > (f) by other electronic means to an address or location specified by the person for the service of documents of that kind,\n> > \n> > > (g) by another method authorised by the regulations for the service of documents of that kind.\n> \n> > (2) Nothing in this section affects the operation of a provision of a law or of the rules of a court authorising a document to be served on a person by another method.\n> \n> > (3) In this section—\n> > \n> > serve includes give or send.\n> \n> **s 10A:** Ins 2024 No 25, Sch 6.19\\[4\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"#### 11 Regulations\n\n11 Regulations\n\n> > (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2), (3) (Repealed)\n> \n> **s 11:** Am 1987 No 48, Sch 32.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"References to warehouseman’s lien","content":"#### 12 References to warehouseman’s lien\n\n12 References to warehouseman’s lien\n\n> A reference in any other Act, in an instrument made under any Act, or in any other document, to a warehouseman’s lien is to be construed as a reference to a storer’s lien.\n> \n> **s 12:** Ins 2014 No 88, Sch 1.31 \\[6\\].","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 1 Savings and transitional provisions\n\nSchedule 1 Savings and transitional provisions\n\n**sch 1:** Ins 2020 No 25, Sch 3.1\\[2\\].","sortOrder":14},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":15},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provision consequent on enactment of Better Regulation Legislation Amendment Act 2020","content":"# Part 2 Provision consequent on enactment of Better Regulation Legislation Amendment Act 2020\n\nPart 2 Provision consequent on enactment of [Better Regulation Legislation Amendment Act 2020](/view/pdf/asmade/act-2020-25)","sortOrder":17}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The renaming from 'Warehousemen's Liens Act 1935' to 'Storage Liens Act 1935' strongly suggests the scope was broadened from its original focus on warehouse operators specifically to cover storage providers more generally (e.g. self-storage facilities, logistics operators). This aligns with the modernisation of commercial storage practices since 1935."},"complexity_factors":["Only metadata is available in this extract — no operative provisions are shown, limiting full analysis","The law sits at an intersection of property law, contract law, and debt recovery, which requires some background knowledge to navigate","Multiple amendments over nearly 90 years (1935 to 2024) mean different versions may apply to historical disputes","Interaction with other laws (e.g. personal property securities law, fair trading legislation) is likely but cannot be assessed from this extract","The name change from 'Warehousemen's Liens Act' to 'Storage Liens Act' suggests a broadening of scope that may affect how it applies","Lien law concepts (rights over property, priority of claims) can be non-intuitive for non-lawyers"],"plain_english_summary":"## Storage Liens Act 1935 (NSW)\n\n**What is this law about?**\n\nThis is a New South Wales law — originally called the *Warehousemen's Liens Act 1935* — that deals with **storage liens**. A 'lien' is a legal right to hold onto someone else's property until they pay what they owe. In plain terms: if you store your goods with someone (like a warehouse operator or storage facility) and don't pay the storage fees, this law gives the storage provider the legal right to hold onto your stuff until you pay up — and potentially sell it to recover the debt.\n\n**Who does it affect?**\n\n- **Storage providers** (e.g. warehouse operators, self-storage businesses) — it gives them a legal tool to recover unpaid fees\n- **Customers/owners of stored goods** — it determines when and how your property can be held or sold if you fail to pay\n- **Third parties** (e.g. people who have a financial interest in the stored goods, like a bank with a loan secured against them)\n\n**Why does it matter?**\n\nIf you're using a storage facility and fall behind on payments, this law governs what the storage operator can legally do. They can't just throw your belongings away — there are rules they must follow. Equally, it protects storage operators from being left out of pocket.\n\n**Note:** Only metadata and status information is available in this extract — the actual operative provisions (the detailed rules) of the Act are not shown. The law has been updated multiple times since 1998, most recently in May 2024, and is overseen by the NSW Minister for Better Regulation and Fair Trading."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 1935 Act originally focused on basic declaration and enforcement of a warehouseman’s lien for storage charges. Its scope has grown well beyond that core purpose through additions such as priority over other interests and PPSA interaction (2010/2014), intermingled-bulk-goods ownership rules (2006), modernised service methods including email and electronic means (2024), updated surplus-money handling (2020), and the replacement of ‘warehouseman’ terminology with ‘storer’ throughout (2014), producing a broader, more prescriptive regime that now governs mixed goods, electronic notices and interaction with national personal-property-security law."},"complexity_factors":["Extensive amendments from 1985 to 2024 producing many repealed subsections (e.g. s 5(3), s 6(3), s 6(5A), s 7(2), s 8(3)–(4))","Detailed, multi-step notice and timing requirements across ss 5, 6 and 7 with conditional triggers and exceptions","Cross-referencing to Commonwealth legislation (Personal Property Securities Act 2009 s 73(2) in s 3(3)) and NSW statutes (Unclaimed Money Act 1995 in s 8(2))","New substantive regime for intermingled goods in s 9A creating proportionate ownership shares and deemed consents","Transitional rules in s 10, Schedule 1 and multiple savings clauses that alter how older deposits are treated"],"plain_english_summary":"**The Storage Liens Act 1935** gives storage businesses (called **storers**) a legal right called a **lien** to hold onto customers' goods until all storage fees and related costs are paid. \n\nIt applies whether the owner left the items themselves or someone they trusted did it. The law lists exactly which costs are covered (storage, transport, insurance, advertising the sale, etc.) and sets out strict steps storers must follow before selling the goods at public auction. These include sending written notices to the owner and anyone else they know has an interest, waiting at least one month, and sometimes advertising if the owner cannot be found. \n\nIf the bill is paid before the sale, the goods must be returned. Any money left over after the sale goes to the owner; if unclaimed it is treated as unclaimed money under another law. Special rules protect owners when goods get mixed together into one big pile (intermingled goods), turning ownership into shared percentages. \n\nThe Act also says the storer’s lien beats most other claims on the goods and works alongside Commonwealth rules about personal property security. It matters because it balances protection for legitimate storage operators against safeguards so owners are not caught by surprise and lose their property without fair warning."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been altered by later insertions and amendments reflected in the text.  Notable scope changes include: the explicit application of the federal Personal Property Securities Act provision to storer’s liens (s 3(3)); the insertion of detailed intermingled goods rules (s 9A); modernised service methods including electronic service (s 10A); and amended time limits and sale conditions (s 6(7), cl 10, Schedule Part 2).  Transitional and savings provisions in Schedule 1 govern how earlier and later versions apply to goods sold or deposited before or after particular amendments."},"complexity_factors":["Interplay of property‑security rights with federal Personal Property Securities Act (s 3(3))","Multiple procedural notice requirements and strict time limits (s 5(1) two months; s 6(4)(d) at least one month)","Sale procedure exceptions and vintage‑based limits on sale depending on deposit date (s 6(7), cl 10)","Special rules for intermingled goods requiring quantity accounting and proportional adjustments (s 9A)","Court discretion to validate substantial compliance and to stay sales (s 7(1), s 6(6))","Interaction with other statutes for surplus funds and unclaimed money (s 8(2))","Regulatory delegation for advertisement, service methods and transitional savings (s 7(3), s 10A, s 11, Schedule 1)","Amendments and transitional provisions spread through the Act and Schedule creating temporal complexity (see Schedule Part 2 and cl 10)"],"plain_english_summary":"What this law does (mechanics)\n\n- The Act establishes that a person lawfully storing goods for hire (a “storer”) has a legal claim (a lien) over goods deposited for storage to secure payment of storage charges and related costs (s 3, s 4).  The lien is given priority over other interests in the goods (s 3(2)) and the Commonwealth Personal Property Securities Act 2009, s 73(2), applies to a storer’s lien (s 3(3)).\n\n- The lien covers storage and preservation charges and a list of other lawful expenses such as money advanced, interest, insurance, transport, labour and costs of notices and sale (s 4).\n\n- If someone other than the owner deposited the goods (a person entrusted with possession), the storer must give written notice of the lien to the owner and to any other person of whose interest the storer has actual knowledge within two months of deposit (s 5(1)–(2)).  Failure to give that notice voids the lien as against the person not notified from the end of that two‑month period (s 5(4)).  The Act defines how an “owner” for notice purposes can be identified (s 5(5)).\n\n- If charges become due, the storer may sell the goods by public auction after giving written notice of intention to sell to the debtor, the owner and any known interested parties (s 6(1)–(5)).  The sale notice must describe the goods, state location and deposit date, itemise charges, set a deadline (not less than one month after delivery or deemed postal receipt) and warn of sale by auction if unpaid (s 6(4)(a)–(e)).  The Local Court may stay sale proceedings on application by the owner (s 6(6)).  The Act also limits when goods may be sold depending on when they were deposited (s 6(7)).\n\n- The storer must apply sale proceeds first to satisfy the lien and pay any surplus to whoever is entitled, with a statement of account (s 8(1)).  If surplus money is unclaimed for 14 days, it is treated under the Unclaimed Money Act 1995 (s 8(2)).\n\n- Any person claiming an interest in the goods may, before sale, pay the amount needed to satisfy the lien (including notice and advertisement expenses) and require delivery where entitled (s 9(1)–(2)).\n\n- The Act sets special rules for goods that become mixed into a single bulk with other goods of the same kind (intermingled goods).  Absent agreement, an owner’s property converts to an undivided share in the bulk and the owner and storer become co‑owners in common with corresponding rights and obligations; delivery obligations become delivery of an equivalent quantity from the bulk (s 9A(1)–(6)).\n\n- The Act specifies permitted methods for serving documents required by the Act, including personal delivery, posting to addresses provided or last known, delivery to a corporation’s office, and electronic service such as email (s 10A(1)(a)–(f)).\n\n- Regulations may fill in procedural details (s 11).  The Act also says references to a “warehouseman’s lien” elsewhere in law should be read as references to a “storer’s lien” (s 12).  Transitional and savings provisions cover how amendments operate in time (Schedule 1 and cl 10 regarding application and timing).\n\nWho is affected and who pays\n\n- Storers (persons lawfully in the business of storing goods for hire) are granted an enforceable, priority security interest in goods they store (s 2, s 3).  That gives storers the right to hold goods and, after notice and time limits, to sell goods to recover unpaid charges (s 5, s 6).\n\n- The immediate financial obligation is on the person liable as debtor for the charges (s 6(2)(a)); owners and any persons with an interest in the goods can also be affected because their property can be held and sold to satisfy the storer’s lien (s 6(2)).  Persons entrusted with possession who deposit goods without the owner’s authority trigger notice obligations for the storer (s 5(1)).\n\nDecision‑makers, discretion and dispute resolution\n\n- The storer decides whether to exercise the lien, issue notices and proceed to sale, subject to the Act’s procedural requirements (s 5, s 6, s 7, s 8).  Compliance failures can void the lien against particular persons (s 5(4)).\n\n- Courts have discretion to validate substantially compliant notices or to prevent a sale: if a court finds substantial compliance or that it would be inequitable to void a lien or sale for procedural non‑compliance, it may refuse to allow that objection (s 7(1)).  The Local Court may stay sale proceedings on application by the owner on terms it considers just (s 6(6)).\n\nAdministrative and compliance burdens\n\n- Storers must prepare and deliver particular written notices with specified content (s 5(2), s 6(4)).  Time limits are important: two months for initial lien notice where a non‑owner deposited the goods (s 5(1)); at least one month’s deadline before sale after notice (s 6(4)(d)).  Failure to meet the 2‑month notice timeframe can void the lien as to the person not given notice (s 5(4)).\n\n- Where owners’ goods become intermingled, record‑keeping and quantity accounting are required to determine each owner’s undivided share and any proportional reductions (s 9A(3)–(4)).\n\nInteraction with other laws and implementation levers\n\n- The Act expressly links a storer’s lien to the federal Personal Property Securities framework (s 3(3)), and to the Unclaimed Money Act for unclaimed sale surplus (s 8(2)).  Regulations may prescribe additional procedural detail including advertisement methods where notice recipients are unknown (s 7(3), s 11).  The Act contains transitional provisions about application to goods deposited before or after commencement and about the timing of notices and sales (cl 10, Schedule 1 and Part 2 of the Schedule).\n\nCosts, incentives and trade‑offs (mechanisms, not judgments)\n\n- Who benefits: storers receive legal priority and enforcement tools (s 3(2), s 6) that increase their ability to recover unpaid charges.  That reduces the risk to a storer of unpaid storage fees but requires them to comply with notice and sale procedures (s 5, s 6, s 7).\n\n- Who bears costs: owners and other interested persons face the risk that stored goods may be sold to satisfy charges; they must monitor storage arrangements and respond to notices promptly or satisfy liens before sale (s 6, s 9).  Persons entrusted with possession can create additional administrative work for storers because of the two‑month notice rule (s 5).\n\n- Incentives and substitution: the Act increases the storer’s enforcement options and therefore may influence commercial contracting (for example, storers may be more willing to store goods on credit).  Conversely, owners may guard against risk by requiring prepayment, taking insurance, or choosing different storage arrangements; the Act’s requirements for written notices and time limits shape those commercial choices (s 4, s 5, s 6).\n\n- Compliance and implementation risks: procedural non‑compliance (for example failing to give prescribed notices within set periods) can void a storer’s lien as against particular persons (s 5(4)).  The Local Court’s power to stay sales and the court’s ability to recognise substantial compliance (s 6(6), s 7(1)) introduce judicial oversight that can alter outcomes depending on facts and procedural detail.\n\nKey practical points to watch (with sections cited)\n\n- Priority: storer’s lien has priority over other interests (s 3(2)).\n- Notice deadlines: 2 months for lien notice where deposited by a person entrusted with possession (s 5(1)); at least 1 month between notice of intention to sell and the sale date (s 6(4)(d)).\n- Sale limits: time thresholds for sales depending on when goods were deposited (s 6(7)).\n- Intermingled goods: conversion to undivided shares and proportional adjustments (s 9A(2)–(4)).\n- Electronic service: the Act now recognises email and other electronic methods where a person has specified such an address (s 10A(1)(e)–(f)).\n\nThis is a mechanically focused summary: it describes how the Act creates and enforces a storer’s lien, who must act and when, what costs the lien may cover, how sales and distribution of proceeds are handled, and where courts and regulations can intervene (see s 3–10A, s 11–12 and Schedule 1)."}},"importantCases":[],"_links":{"self":"/api/acts/storage-liens-act-1935","history":"/api/acts/storage-liens-act-1935/history","analysis":"/api/acts/storage-liens-act-1935/analysis","conflicts":"/api/acts/storage-liens-act-1935/conflicts","importantCases":"/api/acts/storage-liens-act-1935/important-cases","documents":"/api/acts/storage-liens-act-1935/documents"}}