{"id":"warehousemens-liens-act-regulations-and-rules-of-court-1952","name":"Warehousemen's Liens Act Regulations and Rules of Court 1952","slug":"warehousemen-s-liens-act-regulations-and-rules-of-court-1952","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182407,"registerId":"wa-warehousemens-liens-act-regulations-and-rules-of-court-1952-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Warehousemen's Liens Act Regulations and Rules of Court 1952","content":"![Crest]()Western Australia\n\nWarehousemen’s Liens Act 1952\n\nWarehousemen’s Liens Regulations 1952\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 2 November 2007**\n\n\nWestern Australia\n\nWarehousemen’s Liens Regulations 1952\n\nContents\n\n1. Citation 1\n\n3. Notice of claim — section 6(1)(a) 1\n\n4. Notice of lien — section 6(2) 1\n\n5. Notice by advertisement — section 9(3) 2\n\n6. Statement of account — section 10(4) 2\n\n7. Offence 3\n\nSchedule 1 — Forms\n\nNotes\n\nCompilation table 6\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 2 November 2007**\n\n\nWestern Australia\n\nWarehousemen’s Liens Act 1952\n\nWarehousemen’s Liens Regulations 1952\n\n[Heading deleted: Gazette 24 Aug 2007 p. 4319.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Warehousemen’s Liens Regulations 1952*1.\n\n[Regulation 1 amended: Gazette 24 Aug 2007 p. 4320.]\n\n[**2.** Deleted: Gazette 24 Aug 2007 p. 4320.]\n\n[Heading deleted: Gazette 24 Aug 2007 p. 4320.]\n\n##### 3. Notice of claim — section 6(1)(a)\n\nA claim by a person to be the owner of goods deposited with a warehouseman or of an interest in them shall be in accordance with Schedule 1 Form 1.\n\n[Regulation 3 amended: Gazette 24 Aug 2007 p. 4320.]\n\n##### 4. Notice of lien — section 6(2)\n\nThe notice of the lien given by the warehouseman within 3 months after the date of the deposit of the goods shall be in accordance with Schedule 1 Form 2.\n\n[Regulation 4 amended: Gazette 24 Aug 2007 p. 4320.]\n\n##### 5. Notice by advertisement — section 9(3)\n\n(1) Where a person to whom a notice may be given pursuant to the provisions of section 6 or 7 of the Act is unknown to the warehouseman, or where no address of the person is known to the warehouseman, the notice may be given by advertisement.\n\n(2) The advertisement shall include a full copy of the notice and shall be published at least twice with an interval between the advertisements of at least 7 days in a newspaper circulating in the locality where the premises of the warehouseman is situated, and, if the newspaper is not a daily newspaper, in a daily newspaper circulating in the City of Perth.\n\n(3) The notice shall be deemed to have been given on the day upon which the last of the advertisements was published.\n\n[Regulation 5 amended: Gazette 24 Aug 2007 p. 4320.]\n\n##### 6. Statement of account — section 10(4)\n\n(1) The duplicate copies of the statement of account required to be furnished in accordance with section 10(4) of the Act shall be verified by a statutory declaration made by the warehouseman or by some competent person on his behalf.\n\n(2) The warehouseman at the time of paying the surplus into a Magistrates Court or to the Treasurer as the case may be shall also furnish to the Magistrates Court or the Treasurer the following particulars in writing —\n\n(a) the date of deposit of the goods;\n\n(b) the name and address of the person who deposited such goods and the name and address of the owner thereof and of every person claiming to be the owner thereof or of any interest therein including the name and address of the grantee of the goods under any bill of sale of which the warehouseman has notice;\n\n(c) full particulars known to the warehouseman of all of such claims;\n\n(d) full particulars of all searches made by or on behalf of the warehouseman under the *Bills of Sale Act 1899* and of the results of such searches;\n\n(e) such other information relating to the transaction as may be known to the warehouseman.\n\n[Regulation 6 amended: Gazette 24 Aug 2007 p. 4320‑1.]\n\n##### 7. Offence\n\nA person who contravenes a provision of these regulations commits an offence.\n\nPenalty: a fine of $20.\n\n[Regulation 7 inserted: Gazette 24 Aug 2007 p. 4321.]\n\n[Part III deleted: Gazette 24 Aug 2007 p. 4321.]\n\nSchedule 1 — Forms\n\n[r. 3 and 4]\n\n[Heading inserted: Gazette 24 Aug 2007 p. 4321.]\n\n**Form 1**\n\nRegulation 3\n\n*Warehousemen’s Liens Act 1952*\n\n**NOTICE OF CLAIM**\n\nTo (insert name and address of warehouseman).\n\nI, (insert full name of claimant) hereby give you notice that I claim to be the owner of the goods described in the Schedule hereto, or of an interest in the goods to the extent hereinafter set forth, which goods were deposited with you by .......................on or about the ........................day of .................20.... .  \n(If an interest only in the goods is claimed the extent of the interest should be here stated). I hereby authorise you to serve all notices to me required by the Act at the following address (insert full address of claimant).\n\nSchedule\n\n(Insert particulars of the goods in respect of which the claim is made.)\n\nDated this ...............................................day of ............................ 20.........\n\n............................................... .....................................................\n\nWitness Signature of Claimant\n\n**Form 2**\n\nRegulation 4\n\n*Warehousemen’s Liens Act 1952*\n\n**NOTICE OF LIEN**\n\nTo (insert name of person to whom notice of lien may be given)\n\nTAKE notice that I, (insert name of warehouseman) under the provisions of section 6 of the Act hereby give notice of a lien in respect of goods deposited for storage and described in the Schedule hereto.\n\nSchedule\n\n| Description of goods | Location of warehouse where goods are stored | Date of deposit of goods | Name of person who deposited goods |\n| --- | --- | --- | --- |\n|  |  |  |  |\n|  |  |  |  |\n\n\nDated this ..............................................day of ...................................20..........\n\n........................................................................\n\nSignature of Warehouseman\n\n[Forms 3‑5 deleted: Gazette 24 Aug 2007 p. 4321.]\n\nNotes\n\n1 This reprint is a compilation as at 2 November 2007 of the *Warehousemen’s Liens Regulations 1952* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Warehousemen’s Liens Act Regulations and Rules of Court 1952* 2 | 20 Feb 1953 p. 368‑71 | 20 Feb 1953 |\n| *Decimal Currency Act 1965* assented to  21 Dec 1965 | | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));   s. 4‑9: 14 Feb 1966 (see s. 2(2)) |\n| *Warehousemen’s Liens Amendment Regulations 2007* | 24 Aug 2007 p. 4319‑21 | 24 Aug 2007 |\n| **Reprint 1: The *Warehousemen’s Liens Regulations 1952* as at 2 Nov 2007** (includes amendments listed above) | | |\n\n\n2 Now known as the *Warehousemen’s Liens Regulations 1952*;  citation changed (see note under r. 1).\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The page returned is a system error message, not the legislation itself."},"complexity_factors":["No legislative text was provided — only a website error/redirect notice","Cannot assess complexity of the actual instrument without its content","Title alone suggests moderate procedural complexity (regulations + rules of court), but this cannot be confirmed"],"plain_english_summary":"This 1952 Western Australian regulations-and-rules instrument implements the Warehousemen’s Liens Act by prescribing how warehouse operators’ lien rights are exercised and enforced in court. It affects warehousekeepers and owners of stored goods, setting procedural steps and remedies for resolving unpaid storage debts and protecting parties’ interests in disputes over possession and payment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2007 amendments and reprint altered the instrument’s form and some procedural content: certain provisions and forms were deleted (e.g. reg.2, Forms 3–5 and Part III) and a specific offence and penalty was inserted (r.7). The core regulatory scope—procedures for notices, advertising, verification and particulars when paying surplus to court/Treasurer—remains, but the formal content, available forms and enforcement framing were modified (see regs 3–7 and Schedule 1)."},"complexity_factors":["Concise, prescriptive rules and standard forms reduce interpretive complexity (regs 3–4, Schedule 1).","Cross‑references to the Warehousemen’s Liens Act and Bills of Sale Act require users to consult multiple statutes (r.6(2)(d); regs 3–4).","Administrative verification requirement (statutory declaration) increases documentary/compliance burden (r.6(1)).","Specific publication requirements for advertisement (frequency, locality, and Perth daily newspaper fallback) add operational steps and costs (r.5).","Low monetary penalty ($20) simplifies enforcement outcomes but may affect compliance incentives (r.7).","Amendments and deletions over time (deleted regs/parts and inserted r.7) require attention to current reprint to know operative provisions."],"plain_english_summary":"These regulations set the step-by-step rules for how a warehouseman and owners or claimants must give and receive notices about goods held under a warehouseman’s lien: standard claim and lien forms, advertising rules when a recipient is unknown, verification of account statements by statutory declaration, and required particulars when surplus is paid into court or to the Treasurer (regs 3–6, Schedule 1). They affect warehouse operators, depositors, owners and claimants by prescribing how to comply procedurally; non‑compliance attracts a $20 fine (r.7)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing procedural and administrative machinery for the Warehousemen's Liens Act 1952. The 2007 amendments streamlined the instrument by deleting obsolete provisions (Regulation 2, Part III, Forms 3-5) and updating the citation, but did not expand the scope beyond procedural support for warehouse liens."},"complexity_factors":["Only 7 regulations (with one deleted and one inserted recently)","Minimal cross-referencing—primarily references to specific sections of the parent Act (sections 6, 7, 9, 10)","Simple conditional logic limited to Regulation 5 (advertising when address unknown)","Only 2 active forms in Schedule 1 (Forms 1 and 2; Forms 3-5 deleted)","No nested definitions or interpretation section","Straightforward penalty provision (single flat fine of $20)","Procedural rather than substantive—focuses on forms and notice requirements rather than creating rights or obligations beyond the parent Act"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the paperwork and procedural rules for the *Warehousemen's Liens Act 1952* (Western Australia). A **warehouseman's lien** is a legal right that allows a warehouse (storage facility) to keep possession of someone's goods until the owner pays for storage fees and related costs. If the owner doesn't pay, the warehouse can eventually sell the goods to recover the money owed.\n\n**Who it affects:**\n- **Warehouse operators** (warehousemen) who store goods for others\n- **People who store goods** in warehouses (depositors)\n- **Owners of stored goods** and anyone claiming an interest in those goods (such as lenders with bills of sale)\n\n**Key requirements:**\n\n- **Claiming ownership:** If you say you own goods in a warehouse, you must use a specific form (Form 1) to notify the warehouseman.\n- **Warehouse notices:** Warehousemen must use Form 2 to notify owners within 3 months of storing the goods that they are claiming a lien.\n- **Can't find the owner?** If the owner is unknown or their address is unknown, the warehouse can publish notices twice in local newspapers (and a Perth daily paper if the local paper isn't daily).\n- **Selling the goods:** Before selling goods to recover unpaid fees, warehousemen must provide a verified statement of account (sworn as true in a statutory declaration) and give detailed information to the Magistrates Court or Treasurer, including:\n  - When the goods were deposited\n  - Who deposited them and who claims to own them\n  - Details of any bills of sale (legal documents showing the goods are used as security for a loan)\n  - What searches were done to check for competing claims\n\n- **Penalty:** Breaking these rules attracts a fine of $20.\n\n**Why it matters:**\nThese rules protect both sides. Warehousemen get a clear, formal process to recover unpaid storage costs without being sued for wrongful sale. Owners get proper notice that their goods are at risk and transparency about how the sale proceeds are handled. The regulations ensure everyone follows the same paperwork, reducing disputes about whether proper notice was given."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/warehousemen-s-liens-act-regulations-and-rules-of-court-1952","history":"/api/acts/warehousemen-s-liens-act-regulations-and-rules-of-court-1952/history","analysis":"/api/acts/warehousemen-s-liens-act-regulations-and-rules-of-court-1952/analysis","conflicts":"/api/acts/warehousemen-s-liens-act-regulations-and-rules-of-court-1952/conflicts","importantCases":"/api/acts/warehousemen-s-liens-act-regulations-and-rules-of-court-1952/important-cases","documents":"/api/acts/warehousemen-s-liens-act-regulations-and-rules-of-court-1952/documents"}}