Disposal of Uncollected Goods Regulations 1971 (Western Australia)

These Regulations prescribe procedural and documentary detail that implements parts of the Disposal of Uncollected Goods Act 1970 (the Act) in Western Australia. They do four principal mechanical things:

Define what “prescribed goods” are for the purposes of Part II of the Act by listing specific categories of items in Schedule 1 (r 3).
Prescribe standard forms for notices, applications and records that the Act requires or contemplates, and set the rule that the particulars on those forms must be completed to the extent they apply (r 4 and Schedule 2).
Set practical rules for where and how applications under the Act are to be filed, how hearings are set and the minimum service periods required for parties and other affected persons (rr 5-8).
Provide record templates for disposal both with and without court orders (Forms 13 and 14 in Schedule 2).

The Regulations commence when the Act comes into operation (r 1). They do not restate the substantive powers, rights, thresholds or defences contained in the Act itself; instead they give the procedural infrastructure that bailees, people in possession and the court use to implement the Act’s disposal processes. For example, the forms in Schedule 2 are explicitly tied to particular sections of the Act (for example, Form 1 references s 9(1)(a), Form 8 references s 19(1), Forms 5 and 6 reference s 20), meaning the Regulations operate as an operational annex to those statutory sections.

Mechanically, the Regulations compel particular steps: the Registrar must fix a hearing date that allows at least 14 clear days’ service on the respondent and other affected persons and endorse that date on the application and copies (r 6). Copies must actually be served at least 14 clear days before hearing or within a shorter period only if the court permits (r 7). If a person who has been served does not attend at the fixed hearing time, the court may make orders in that person’s absence (r 8). They also require that where a notice must be given under the Act, the forms must be used and completed to the extent they apply (r 4(1)-(2)).

CrestWestern Australia

Disposal of Uncollected Goods Act 1970

Disposal of Uncollected Goods Regulations 1971

Western Australia

Disposal of Uncollected Goods Regulations 1971

Contents

Citation and commencement 1
Interpretation 1
Prescribed goods 1
Forms 1
Place for application 2
Filing application 2
Service of application 2
Hearing where person served is absent 2

Schedule 1

Schedule 2

Notes

Compilation table 16

Defined terms

Western Australia

Disposal of Uncollected Goods Act 1970

Disposal of Uncollected Goods Regulations 1971

1. Citation and commencement

(1) These regulations may be cited as the Disposal of Uncollected Goods Regulations 1971 1.

(2) These regulations shall take effect on and from the date the Disposal of Uncollected Goods Act 1970, comes into operation 1.

2. Interpretation

In these regulations unless the contrary intention appears —

Act means the Disposal of Uncollected Goods Act 1970;

Schedule means a Schedule to these regulations.

3. Prescribed goods

The goods to which Part II of the Act applies are those listed in the Schedule 1.

[Regulation 3 amended: Gazette 9 Jun 2017 p. 2850.]

4. Forms

(1) The several forms set out in the Schedule 2 are the prescribed forms for the respective purposes therein indicated.

(2) Where a form is used under these regulations the particulars and matters referred to on the form shall be completed to the extent that they apply in the case in which the form is used.

[Regulation 4 amended: Gazette 9 Jun 2017 p. 2850.]

5. Place for application

An application shall be made to the court nearest to the place where the goods the subject of the application were bailed or came into the possession of the applicant.

6. Filing application

On the filing of an application the Registrar shall appoint a day and hour for the hearing of the application that allows copies of the application to be served on the respondent and all other persons appearing to be affected thereby at least 14 clear days before the day so appointed and shall endorse that day and hour on the application and all copies to be served.

[Regulation 6 amended: Gazette 9 Jun 2017 p. 2850.]

7. Service of application

Copies of the application shall be served on the respondent and all other persons appearing to be affected thereby at least 14 clear days before the time fixed for hearing or within such lesser time as the court at the hearing may allow.

8. Hearing where person served is absent

If a person served with an application does not attend either in person or by his counsel or solicitor at the time and place fixed for the hearing of the application the court may make orders in his absence.

Schedule 1

[Heading inserted: Gazette 9 Jun 2017 p. 2850.]

Batteries.

Bedding (including sleeping bags).

Bicycle and bicycle parts.

Books.

Cooking utensils (including electric).

Footwear.

Gardening tools (including mowers and sprinklers).

Household appliances (including barbecues, hair‑clippers, portable hair‑dryers, portable electric or gas stoves, shavers).

Household linen.

Leather goods.

Motor vehicle accessories.

Motor vehicle parts.

Radiograms.

Radios.

Record players.

Soft furnishings.

Spectacles.

Sports equipment.

Tape recorders.

Television sets.

Travel goods.

Typewriters (non‑electric).

Wearing apparel (except furs).

Schedule 2

[Heading inserted: Gazette 9 Jun 2017 p. 2850.]

Form 1

Disposal of Uncollected Goods Act 1970 s. 9(1)(a) or 12(1) or 19(2)(a) and 26(1)(a), (2) and (3)Notice under Part1 that goods are ready for redelivery
To [name] of [address], Bailor
Notice 1. The following goods [give sufficient description of goods] situated at [place] are now ready for redelivery for you.2. The amount of $ [insert amount] is due by you for charges. This amount is calculated as follows: [insert details].3. Unless you take redelivery of the goods or give directions for their redelivery, or give notice in writing to [insert name and address of the person, firm or company with whom the goods were bailed] (Bailee) that you dispute all or any of the matters contained in this notice, the goods will be sold or otherwise disposed of in accordance with the Act.
Signature of Bailee Date
1 Indicate under which Part of the Act the notice is issued.

[Form 1 inserted: Gazette 9 Jun 2017 p. 2851.]

Form 2

Disposal of Uncollected Goods Act 1970 s. 9(1)(b) or 12(1)(b) and (c) and 26(1)(b), (2) and (4)Notice under Part1 of intention to sell or otherwise dispose of goods
To [name] of [address], Bailor
Notice 1. You were given notice on [date] that the following goods [give sufficient description of goods] situated at [place] were ready for redelivery.2. The goods are *prescribed goods to which Part II of the Act applies/goods to the value of $[state estimated value of goods] to which Part III of the Act applies.( Delete as applicable)3. It is intended to sell or dispose of the goods in accordance with the Act unless not more than 1 month from the date of giving of this notice you either — (a) take redelivery of the goods or give directions for their redelivery; or (b) give notice in writing to [insert name and address of person, firm or company with whom the goods were bailed] (Bailee) that *you deny the goods are prescribed goods/you claim the goods exceed $3 500 in value.( Delete as applicable)
Signature of Bailee Date
Note: Copies of this notice must also be sent to the Commissioner of Police and to every other person (if any) whom the Bailee knows or claims to have an interest in the goods.
1 Indicate under which Part of the Act the notice is issued.

[Form 2 inserted: Gazette 9 Jun 2017 p. 2851.]

Form 3

Disposal of Uncollected Goods Act 1970 s. 17(1) and 26(1), (2) and (6)Notice under Part V to treat dispute as determined
To [name] of [address], Bailor
Notice 1. With reference to the following goods [give sufficient description of goods] a dispute arose on [date] between you and the Bailee mentioned below, [give nature of dispute and manner in which it arose].2. The goods are available for redelivery to you at [address].3. The goods will be sold or otherwise disposed of in accordance with the Act unless not more than 1 month from the date of the giving of this notice you either — (a) take redelivery of the goods or give directions for their redelivery; or (b) give notice in writing to [insert name and address of person, firm or company with whom the goods were bailed] (Bailee) that you object to this dispute being treated as determined.
Signature of Bailee Date

[Form 3 inserted: Gazette 9 Jun 2017 p. 2852.]

Form 4

Disposal of Uncollected Goods Act 1970 s. 19(1), (2)(b) and (c) and 26(1)(c), (2) and (5)Notice under Part VI of intention to apply to Court for order to sell or otherwise dispose of goods valued in excess of $3 500
To [name] of [address], Bailor
Notice 1. You were given notice on [date] that the following goods [give sufficient description of goods] situated at [place] were ready for redelivery.2. A dispute relating to the goods was determined on [date] in the following manner [give full details].( Delete if there was no dispute)3. Unless not more than 1 month after the date of the giving of this notice you either take redelivery of the goods or give directions for their redelivery, [insert name and address of person, firm or company with whom the goods were bailed] (Bailee) intends making an application to the Court for an order to sell or otherwise dispose of them in accordance with the Act.
Signature of Bailee Date
Note: Copies of this notice must also be sent to the Commissioner of Police and to every other person (if any) whom the Bailee knows has or claims to have an interest in the goods.

[Form 4 inserted: Gazette 9 Jun 2017 p. 2852.]

Form 5

Disposal of Uncollected Goods Act 1970 s. 20(a), 21(b) and (c) and 26(1)(c), (2) and (5)Notice under Part VII of intention to apply to Court for order to dispose of goods in possession otherwise than under bailment in course of business where s. 20(a) applies
To The Commissioner of Police
and To1 [name]
Notice 1. The following goods [give sufficient description of goods] came into possession of [name] of [address] in the following circumstances [give full details]2.2. It is intended to make an application to the Court for an order to sell or otherwise dispose of them in accordance with the Act.
Signature of person in possession of goods Date
1 Copies of this notice must also be sent to every other person (if any) whom the person in possession knows has or claims to have an interest in the goods.2 Include any information known to the person in possession concerning the identity or whereabouts of the person through whom the person came into such possession.

[Form 5 inserted: Gazette 9 Jun 2017 p. 2853.]

Form 6

Disposal of Uncollected Goods Act 1970 s. 20(b), 21 and 26(1)(c), (2) and (5)Notice under Part VII of intention to apply to Court to dispose of goods in possession otherwise than under bailment in course of business where s. 20(b) applies
To [name] of [address] (Person through whom possession was acquired).
Notice 1. On [date], at [place] the following goods [give sufficient description of goods] now situated at [place] came, through you, into possession of [insert name and address of person in possession of goods] under the following circumstances [give full details].2. Unless not more than 1 month from the date of the giving of this notice you relieve the abovementioned person of the goods, I intend to make an application to the Court for an order to sell or otherwise dispose of them in accordance with the Act.
Signature of person in possession of goods Date
Note: Copies of this notice must also be sent to the Commissioner of Police and to every other person (if any) the person in possession knows or claims to have an interest in the goods.

[Form 6 inserted: Gazette 9 Jun 2017 p. 2853.]

Form 7

Magistrates Court of Western Australia (Civil jurisdiction)
Disposal of Uncollected Goods Act 1970 s. 17(3)Application under Part V for summary determination of dispute Magistrates Court at [place]No:
Between
Applicant Full name
Address
Postcode
Telephone
Email address
and
Respondent Full name
Address
Postcode
Telephone
Email address
Application 1. On [date], at [place] a dispute arose between the applicant and the respondent concerning goods in the possession of [insert name of applicant or respondent, as case may be] in the following circumstances [give full details].2. The applicant applies for the summary determination of that dispute.
Signature of applicant or lawyer Date
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar
To The Respondent
and To1 [name]
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in your absence.
1 A copy of this application must be served on the respondent and any other person appearing to be affected by the application.

[Form 7 inserted: Gazette 9 Jun 2017 p. 2854.]

Form 8

Magistrates Court of Western Australia (Civil jurisdiction)
Disposal of Uncollected Goods Act 1970 s. 19(1)Application under Part VI for order to sell or otherwise dispose of goods valued in excess of $3 500 Magistrates Court at [place]No:
Between
Applicant Full name
Address
Postcode
Telephone
Email address
and
Respondent Full name
Address
Postcode
Telephone
Email address
Application 1. On [date] at [place], the respondent entrusted to the applicant the following [give sufficient description of goods].2. The value of the goods exceeds $3 500.3. The goods are ready for redelivery to the respondent who has failed to take delivery of them or to give directions for their redelivery despite notice to do so.4. The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.
Signature of applicant or lawyer Date
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar
To The Respondent
and To1 [name]
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in your absence.
1 A copy of this application must be served on the respondent and any other person appearing to be affected by the application.

[Form 8 inserted: Gazette 9 Jun 2017 p. 2854‑5.]

Form 9

Magistrates Court of Western Australia (Civil jurisdiction)
Disposal of Uncollected Goods Act 1970 s. 20(a)Application under Part VII for order to dispose of goods in possession otherwise than under bailment in course of business where s. 20(a) applies Magistrates Court at [place]No:
In the matter of an application to dispose of goods under s. 20(a) of the Act
Applicant Full name
Address
Postcode
Telephone
Email address
Application 1. On [date] at [place] the applicant came into possession of the following goods [give sufficient description of goods] in the following circumstances [give full details].2. The applicant is unaware of the identity or whereabouts of the person through whom the applicant came into possession of the goods.3. The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.
Signature of applicant or lawyer Date
Note: It is not intended to serve this application on any person other than1:
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar
To1
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in your absence.
1 A copy of this application must be served on any person appearing to be affected by the application.

[Form 9 inserted: Gazette 9 Jun 2017 p. 2855‑6.]

Form 10

Magistrates Court of Western Australia (Civil jurisdiction)
Disposal of Uncollected Goods Act 1970 s. 20(b)Application under Part VII for order to dispose of goods in possession otherwise than under bailment in course of business where s. 20(b) applies Magistrates Court at [place]No:
Between
Applicant Full name
Address
Postcode
Telephone
Email address
and
Respondent Full name
Address
Postcode
Telephone
Email address
Application 1. On [date] at [place], the applicant came into possession of the following goods [give sufficient description of goods] through the respondent, under the following circumstances [give full details].2. The respondent has failed to relieve the applicant of the possession of the goods despite notice to do so.3. The applicant applies for an order to sell or otherwise dispose of the goods in accordance with the Act.
Signature of applicant or lawyer Date
This application will be heard in the Magistrates Court at [place] at [time] on [date].
Registrar
To The Respondent
and To1 [name]
If you do not attend either in person or by your counsel or solicitor at the time and place fixed above for the hearing of this application the Court may make orders in your absence.
1 A copy of this application must be served on the respondent and any other person appearing to be affected by the application.

[Form 10 inserted: Gazette 9 Jun 2017 p. 2856‑7.]

[Form 11 deleted: Gazette 9 Jun 2017 p. 2857.]

Form 12

Magistrates Court of Western Australia (Civil jurisdiction)
Disposal of Uncollected Goods Act 1970 s. 27Certificate as to making and contents of order under Act Magistrates Court at [place]No:
Between1
Applicant Full name
Address
Postcode
Telephone
Email address
and1
Respondent1 Full name
Address
Postcode
Telephone
Email address
Certificate I certify that at a sitting of the [place] Magistrates Court, held at [place] on the [date], the Court heard and determined the application of [name] for [give details] and made the following order [give details].
Registrar
1 Delete if application under s. 20(a).

[Form 12 inserted: Gazette 9 Jun 2017 p. 2857.]

Form 13

Disposal of Uncollected Goods Act 1970 s. 14(4)Record of goods disposed of not under Court order
Name of Bailee
Name of Bailor
Description of goods
How disposed of
Date and place of disposal
Name and address of — 1. Person who conducted sale; or2. Donee; or3. Person who destroyed goods
Where goods sold
Gross proceeds of sale
Specification of each item of Bailee’s charges
Total amount of charges paid to Bailor
Balance standing to Bailor’s credit

[Form 13 inserted: Gazette 9 Jun 2017 p. 2857‑8.]

Form 14

Disposal of Uncollected Goods Act 1970 s. 25(2)Record of goods disposed of under Court order
Name of Bailee
Name of Bailor
Description of goods
Date and Ref. No. of Court order and name of parties
How disposed of
Date and place of disposal
Name and address of — 1. Person who conducted sale; or2. Donee; or3. Person who destroyed goods
Where goods sold
Gross proceeds of sale
Details of Bailee’s charges approved by Court under s. 22(2) of Act
Details of subsidiary charges levied in accordance with s. 24 of Act
Details of costs referred to in s. 25(1)(c) and awarded to Bailee
Balance standing to Bailor’s or Owner’s credit

[Form 14 inserted: Gazette 9 Jun 2017 p. 2858‑9.]

Notes

1 This is a compilation of the Disposal of Uncollected Goods Regulations 1971 and includes the amendments made by the other written laws referred to in the following table. The following table contains information about these regulations and any reprint.

Compilation table

Citation	Gazettal	Commencement
Disposal of Uncollected Goods Regulations 1971	10 Jun 1971 p. 1907‑18	1 Aug 1971 (see r. 1(2) and Gazette 16 Jul 1971 p. 2555)
*Reprint 1: The Disposal of Uncollected Goods Regulations 1971* as at 13 Feb 2004**
Disposal of Uncollected Goods Amendment Regulations 2017	9 Jun 2017 p. 2849‑59	r. 1 and 2: 9 Jun 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jun 2017 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act 2

Schedule 2

Western Australia

Disposal of Uncollected Goods Act 1970

Disposal of Uncollected Goods Regulations 1971

Western Australia

Disposal of Uncollected Goods Regulations 1971

Contents

Citation and commencement 1
Interpretation 1
Prescribed goods 1
Forms 1
Place for application 2
Filing application 2
Service of application 2
Hearing where person served is absent 2

Schedule 1

Schedule 2

Notes

Compilation table 16

Defined terms

Western Australia

Disposal of Uncollected Goods Act 1970

Disposal of Uncollected Goods Regulations 1971

1. Citation and commencement

(1) These regulations may be cited as the Disposal of Uncollected Goods Regulations 1971 1.

(2) These regulations shall take effect on and from the date the Disposal of Uncollected Goods Act 1970, comes into operation 1.

2. Interpretation

In these regulations unless the contrary intention appears —

Act means the Disposal of Uncollected Goods Act 1970;

Schedule means a Schedule to these regulations.

3. Prescribed goods

The goods to which Part II of the Act applies are those listed in the Schedule 1.

[Regulation 3 amended: Gazette 9 Jun 2017 p. 2850.]

4. Forms

(1) The several forms set out in the Schedule 2 are the prescribed forms for the respective purposes therein indicated.

(2) Where a form is used under these regulations the particulars and matters referred to on the form shall be completed to the extent that they apply in the case in which the form is used.

[Regulation 4 amended: Gazette 9 Jun 2017 p. 2850.]

5. Place for application

An application shall be made to the court nearest to the place where the goods the subject of the application were bailed or came into the possession of the applicant.

6. Filing application

The Regulations embody a small number of discrete legal-technical concepts that practitioners must map onto the Act’s substantive framework.

Prescribed goods (r 3 and Schedule 1)

Regulation 3 declares that the goods to which Part II of the Act applies are those listed in Schedule 1. Schedule 1 enumerates specific categories (batteries; bedding including sleeping bags; bicycles and bicycle parts; books; cooking utensils including electric; footwear; gardening tools including mowers and sprinklers; household appliances including barbecues and portable electric or gas stoves; household linen; leather goods; motor vehicle accessories and parts; radios, radiograms, record players, tape recorders and television sets; soft furnishings; spectacles; sports equipment; travel goods; non-electric typewriters; wearing apparel except furs). This is a closed list within the Regulations: if an item is not in Schedule 1, it is not a “prescribed good” for Part II under these Regulations (subject to whatever the Act itself provides outside Part II).

Prescribed forms and completion requirement (r 4 and Schedule 2)

Regulation 4(1) declares the forms in Schedule 2 as the prescribed forms “for the respective purposes therein indicated”. Regulation 4(2) requires that where a form is used, the particulars and matters on the form must be completed to the extent they apply. The Schedule ties each form to specific sections of the Act (for example, the forms frequently carry headings such as “s. 9(1)(a) or 12(1) or 19(2)(a) and 26(1)(a), (2) and (3) Notice … that goods are ready for redelivery”). That linking establishes the template content required by the Act’s notice and record requirements.

Court venue and timing mechanics (rr 5-8)

Regulation 5 specifies the place for an application: the court nearest to the place where the goods were bailed or came into the applicant’s possession. Regulation 6 imposes a duty on the Registrar, on filing an application, to appoint a hearing date and hour that allows copies to be served on respondent and all other persons appearing to be affected at least 14 clear days before the hearing, and to endorse that date and hour on the application and copies. Regulation 7 mandates service of copies on respondents and other affected persons at least 14 clear days before the hearing or within a shorter time if the court allows. Regulation 8 permits the court to make orders in the absence of a person who has been served but fails to attend.

Notice recipients and required copies (Schedule 2 forms)

Several forms include express instructions that copies must also be sent to the Commissioner of Police and to every other person whom the sender knows or claims has an interest in the goods (see Forms 2, 4, 5, 6 and others). That creates a procedural connection between disposal processes under the Act and police records, and imposes an evidentiary and administrative compliance cost on applicants.

Record-keeping templates (Forms 13 and 14)

Forms 13 and 14 are record templates for disposals without and with court order respectively. They require particulars such as gross proceeds of sale, itemised bailee charges, balance payable to bailor/owner, and the name and address of the person conducting the sale, donee or destroyer. The presence of these templates signals that the Regulations expect bailees and applicants to maintain contemporaneous, itemised records of disposals.

Temporal windows and action triggers (Schedule 2 forms)

The forms themselves set out action-triggering deadlines, such as the common “unless not more than 1 month from the date of giving of this notice you either take redelivery of the goods or give directions for their redelivery, or give notice in writing … the goods will be sold or otherwise disposed of” language that appears in Forms 1, 2, 3 and 4. These are not free-standing regulatory time limits divorced from the Act; they are the notice content the Regulations require a bailee to deliver when pursuing disposal under particular Parts of the Act.

Administrative delegation (Registrar) and court discretion

The Registrar’s role in r 6 is administrative: upon filing the application the Registrar fixes the hearing date to allow service. The court retains discretion to allow shorter service periods (r 7), and to make orders in the absence of a served person (r 8). The Regulations therefore channel administrative scheduling through the court registry while preserving judicial discretion at hearing.

In sum, the Regulations operationalise the Act by prescribing the goods to which a particular Part applies, standardising documentary forms and records, setting venue and service mechanics, and imposing mandatory copy distribution to police and known interested parties in certain cases. The Regulations do not restate the Act’s substantive thresholds or remedies; rather, they standardise how the processes are pleaded, notified, heard and recorded.

The Regulations affect a compact set of actors and institutions directly; others are affected indirectly through notice and record obligations.

Primary actors and their roles

Bailee (person, firm or company with whom goods were bailed): The bailee is the usual sender of the prescribed notices in Schedule 2 (for example Forms 1-4 are “Notice … to [name] Bailor” and require the bailee’s signature and date). The bailee therefore bears the practical duties of preparing notices that comply with the forms, calculating and stating charges on Form 1, serving notices in accordance with rr 6-7, and maintaining disposal records under Forms 13-14 where disposals occur under or without court order.
Bailor (owner or person who bailed the goods): The bailor is the recipient of the notices and the person whose rights (redelivery, disputation, objection) the notices engage. The forms set out the bailor’s opportunity to take redelivery or dispute within particular windows (commonly “not more than 1 month”).
Person in possession other than under a commercial bailment: Forms 5 and 6 address people who have goods in their possession otherwise than under a bailment in the course of business (for example, someone who finds or is left with goods). Such persons may be required to notify the Commissioner of Police and interested persons, and to apply to the court under Part VII of the Act (as indicated by the form headings that reference s 20 and 21).
Registrar and Magistrates Court (civil jurisdiction): The court registry (Registrar) is obliged to set hearing dates that comply with the service windows (r 6) and to endorse them on applications and copies. The Magistrates Court is the procedural vehicle for the applications, as seen in the prescribed application forms (Forms 7-12 identify the Magistrates Court civil jurisdiction and hearing slots).
Commissioner of Police: Several notices specifically require copies be sent to the Commissioner of Police (Forms 2, 4, 5, 6 and notes on several other forms). That makes police a formal recipient of disposal-intention notices and therefore an interested administrative stakeholder.
Other persons claiming an interest: The forms repeatedly require that copies be sent to “every other person (if any) whom the Bailee knows or claims to have an interest in the goods.” That brings into the process secured parties, third-party owners, lienholders and other claimants where known.

Indirectly affected parties

Buyers or purchasers at any sale conducted: Records required by Forms 13 and 14 include details of sale proceeds and persons who conducted the sale; these affect how subsequent title and proceeds are handled.
Insurers or repairers: Where goods are subject to storage by repairers or similar businesses, those businesses will be treated as bailees for the purpose of issuing notices using the forms.
Court staff and police officers: They will receive copies of notices and will be asked to process and, where relevant, provide evidence in disputes or enforcement.

Who pays and who decides

Who pays: The Regulations themselves do not prescribe who ultimately pays for sale costs or bailee charges; however the forms require the bailee to state charges and to account for deductions and the balance payable to the bailor (Forms 13-14). In practice, the bailee will deduct lawful charges and costs from sale proceeds before passing any balance to the bailor or owner (the mechanics and legal entitlement to do so are governed by the Act; the Regulations supply the templates).
Who decides: The Magistrates Court is the decision-maker for contested applications (Forms 7, 8, 9, 10 explicitly set out the application for hearing). The Registrar schedules the hearing. The court has discretion to allow shorter service time and can make orders in the absence of a served party (rr 7-8).

Geographic and subject-matter reach

The “place for application” rule (r 5) limits venue to the nearest court to where the goods were bailed or where the applicant took possession, which affects litigants’ practical costs and travel time.
The list of prescribed goods in Schedule 1 confines the subject matter of Part II applications to a fixed set of commonly bailed consumer and household items; goods outside that list will fall outside Part II under these Regulations (unless the Act or other Parts provide alternative mechanisms).

In short, these Regulations primarily shape the procedural obligations of bailees and persons in possession, outline standardised notices that engage bailors and potential claimants, and require distribution of notices to police and recording of disposals. The Regulations effectively assign documentary and administrative duties to private actors (bailees, persons in possession) and administrative duties to the court registry, while leaving substantive adjudication to the Magistrates Court.

The Regulations impose procedural duties and document-based rights that interact with the Act’s substantive elements. All duties and rights described below are grounded in the Regulations’ provisions and the forms they prescribe.

Duties imposed on bailees and persons in possession

Use and completion of prescribed forms: Under r 4(1)-(2) the forms in Schedule 2 are the prescribed forms “for the respective purposes therein indicated” and must be completed to the extent they apply. That creates a strict documentary duty to use the form content where the relevant Part of the Act applies.
Provide notice that goods are ready for redelivery: Form 1 is the prescribed notice for s 9(1)(a) or comparable sections; it requires the bailee to describe the goods, state the amount of charges due and the basis of that calculation, and to warn that unless the bailor takes redelivery or disputes the notice in writing the goods will be sold or otherwise disposed in accordance with the Act. The bailee must sign and date this notice.
Provide notice of intention to sell or dispose: Form 2 (tied to s 9(1)(b), s 12(1)(b) & (c), and Part III references in the heading) requires that, when a sale is intended, the bailor be told they have up to one month from the notice to take redelivery or give notice in writing disputing classification (for example, that the goods are “prescribed goods”) or value (e.g. exceeding the $3,500 threshold referenced on the form).
Notify Commissioner of Police and known interest-holders: Certain notices (Forms 2, 4, 5, 6 and others) explicitly require copies to be sent to the Commissioner of Police and to every other person the sender knows or claims has an interest in the goods. That is an express duty when those forms are used.
Maintain records of disposals: Forms 13 and 14 provide the formats for records of goods disposed of without and with court order respectively. They require detailed particulars (description of goods, how disposed of, date and place, gross proceeds, itemised charges, balance standing to bailor) and thus impose an evidentiary/documentary duty to keep contemporaneous records.

Duties imposed on court registry and court

Venue placement for applications: By r 5, an application must be made at the court nearest to where the goods were bailed or came into the applicant’s possession.
Appointment of hearing date with service window: On filing an application the Registrar must appoint a hearing day and hour that allows enough time for service to be effected at least 14 clear days prior, and must endorse that date and hour on the application and copies (r 6).
Service window and discretionary shortening: Copies must be served at least 14 clear days prior to the hearing unless the court, at the hearing, allows a shorter time (r 7).
Power to make orders in absence: If a person served with an application does not attend (in person or by counsel/solicitor), the court may make orders in their absence (r 8).

Rights granted to bailees and applicants

Use of Form-based application: Schedule 2 contains Forms 7-12 as prescribed applications under various Parts of the Act, enabling a standardised way for applicants to seek court orders under s 17(3), s 19(1), s 20(a), s 20(b) and s 27 (as indicated by the individual form headings). The forms set out the material facts the applicant must declare.
Relief in absence of respondent: The court’s ability to hear and decide in the absence of a served respondent (r 8 and the warnings on the forms) works practically as a right for the applicant to proceed where service has been properly effected and the respondent fails to appear.

Rights and opportunities for bailors/owners/claimants

Opportunity to take redelivery or dispute within notice window: The prescribed notices repeatedly specify that the bailor may take redelivery or give written notice disputing matters within a common window of “not more than 1 month from the date of giving of this notice” (see Forms 1-4 and Form 3’s wording on treating disputes as determined).
Notice that court application will be made: Forms 4, 5 and 6 require notice when the bailee or person in possession intends to apply to the court to sell or dispose, giving the bailor the chance to act before court proceedings commence.

Limitations and absent duties in the Regulations

No substantive entitlement details: The Regulations do not set out who bears the ultimate legal right to deduct charges, how charges are calculated, or the precise legal priority of third-party interests. Those substantive rules are in the Act; the Regulations only supply forms and procedures.
No criminal penalties in the Regulations text: The Regulations do not create or specify criminal penalties or fines; they set administrative and procedural requirements and forms to be used when working under the Act.

Operational consequences

Service and timing obligations create compliance costs and potential tactical leverage: bailees must ensure accurate service within the 14 clear day window unless the court permits otherwise (rr 6-7). Failure to serve properly may impede or vitiate court applications or limit ability to proceed in the absence of the bailor.
Record-keeping obligations are explicit: Forms 13 and 14 mean bailees and applicants must compile and retain itemised records when disposals occur, to evidence compliance and account for proceeds.

All duties and rights in this section are grounded in the Regulations and the specified template forms in Schedule 2, and in the venue and scheduling rules of rr 5-8.

The Regulations themselves do not set out criminal penalties or fine schedules. Instead, they provide a procedural and documentary framework that supports enforcement through court processes under the Act and recordkeeping obligations. Key enforcement-related mechanics and their implications in the Regulations are:

Court-determined enforcement and orders

The Regulations channel contested matters to the Magistrates Court’s civil jurisdiction by prescribing application forms for various Parts of the Act (Forms 7-12). The Magistrates Court is therefore the primary forum to enforce or challenge disposal actions that comply with the Act and these Regulations.
Regulation 8 permits the court to make orders in the absence of a served party. Practically, this gives the court a means to enforce an applicant’s claim where proper service has been effected and the respondent fails to appear.

Administrative compliance and evidentiary enforcement

Forms 13 and 14 require specific record elements for disposals both without and with Court order. Those records will be the primary evidence used to demonstrate a bailee’s compliance with notice, accounting and disposal obligations under the Act. Thus, a failure to keep or complete these records could undermine an applicant’s position in court, even though the Regulations do not create a separate penalty for missing paperwork.

Police notification as an enforcement link

Several forms require copies to be sent to the Commissioner of Police (Forms 2, 4, 5, 6 and notes). That creates a direct procedural link to police administrative records and may affect police investigations or property-handling protocols where goods are stolen, lost or otherwise disputed. The Regulations do not specify police powers or duties after receiving copies; they merely require the bailee or person in possession to send copies.

Court discretion over allowances to shorten service periods (r 7)

The court can allow shorter service periods than the standard 14 clear days. That power enables the court to enforce or permit expedited disposal processes in appropriate cases (for example, where perishable goods or safety concerns demand quicker action). The Regulations leave that discretion with the court and therefore do not mandate a particular outcome.

Absence of explicit statutory penalties in the Regulations

Unlike some regulatory instruments that specify non-compliance fines, these Regulations contain no clause imposing penalties for failing to use forms or to serve notices. Non-compliance consequences therefore flow from the Act’s enforcement mechanisms and the court’s remedial powers, not from penalties listed in these Regulations.

Practical enforcement risks and evidentiary issues

The Regulations create compliance points that are potential enforcement triggers: improper service (rr 6-7), failure to send required copies to the Commissioner of Police and interested parties as required by specific forms, incomplete prescribed forms (contravening r 4(2)), and missing or deficient disposal records (Forms 13-14) can all complicate an applicant’s ability to enforce a disposal or can expose the bailee to successful challenge in court. The Regulations make those procedural obligations explicit but do not independently specify sanctions for their breach.

In summary, enforcement under the Regulations is court-centric and documentary. The Regulations set mandatory procedures and standard forms that enable court adjudication under the Act, link disposals to police notification in certain circumstances, and require detailed records. They do not themselves create new criminal sanctions or administrative fines; enforcement follows from compliance or non-compliance with these procedures in the context of applications to the Magistrates Court and the substantive provisions of the Act.

The Regulations operate as the procedural and documentary implementation layer for the Disposal of Uncollected Goods Act 1970 (the Act). They refer repeatedly to sections of the Act and to the Magistrates Court civil jurisdiction. They also create formal interactions with other public institutions by requiring the Commissioner of Police to receive copies of certain notices. Specific interactions apparent from the text are:

Direct statutory relationship with the Act

The Regulations are explicitly defined in relation to the Act. Regulation 2 defines “Act” as the Disposal of Uncollected Goods Act 1970. Regulation 1(2) stipulates that the Regulations commence on the date the Act comes into operation. Each prescribed form in Schedule 2 is explicitly linked by heading to particular sections of the Act (for example Forms 1-4, 7-10 reference s 9, s 12, s 17, s 19 and s 20 among others). The Regulations therefore assume and implement the Act’s substantive triggers, thresholds and powers while not restating them.

Interaction with Magistrates Court civil jurisdiction

The prescribed forms (Forms 7-12) are formatted as Magistrates Court applications and expressly state that the matters will be heard in the Magistrates Court (civil jurisdiction). Regulation 5 prescribes venue as the court nearest to where the goods were bailed or came into possession, which is a procedural interaction with court venue rules. The court’s discretion under r 7 to allow shorter service or r 8 to make orders in absence requires coordination with court practice directions and rules of civil procedure.

Interaction with police and policing functions

Several forms require copies of notices to be sent to the Commissioner of Police (Forms 2, 4, 5, 6 and notes on others). That creates an administrative interface: police will receive statutory notices about intended disposals or applications to the court. The Regulations do not specify follow-up police duties, investigations or preservation powers, so any policing action or evidence-gathering must be inferred from other statutes or police practice (not contained in these Regulations).

Potential interaction with property, contract, bailment and secured-transactions law

The forms require bailees to notify any person they know or claim to have an interest in the goods. In practice that will include secured parties, lien-holders, lessors, insurers or other third parties with property interests. How those third-party interests are ranked and enforced depends on the Act and other relevant property law provisions outside the Regulations. The Regulations only prescribe notice and record mechanisms to bring third parties into the administrative process.
The list of “prescribed goods” in Schedule 1 aligns the operational reach of Part II of the Act to commonplace consumer and household goods, leaving other classes of property (for example, real property, intangible property) to be handled under other rules.

Interaction with court evidence and civil procedure

The requirement to maintain records of disposal (Forms 13 and 14) interacts with general civil procedure and evidence rules (for example, proving service, establishing proceeds and accounting for charges). The Regulations supply the required documentary formats but do not change the evidentiary standards; those are governed by civil procedure rules and the Act.

Amendments and statutory revision regime

The compilation table in the Regulations shows that the Regulations were amended in 2017 (Disposal of Uncollected Goods Amendment Regulations 2017) and have been reprinted. That demonstrates the Regulations are subject to the usual statutory instrument amendment process and must be read together with the Act and subsequent legislative changes.

What the Regulations do not do

The Regulations do not override or displace substantive law in other statutes, including criminal law, property law, or police powers. They are focused on notice, venue, forms and record-keeping prescribed under the Act.
The Regulations are not a substitute for the Act; they presuppose the Act’s substantive rights and remedies and are silent on issues the Act addresses substantively (for example, entitlement to deduct charges, priority disputes, or remedies for wrongful sale).

Practically, anyone advising on or acting under the Act must read both the Act and these Regulations together. The Regulations supply mandatory procedural mechanics, templates and administrative notification obligations that are essential to how the Act’s substantive powers will be exercised and challenged within the Magistrates Court and in relation to police and known claimants.

The Regulations include an internal compilation table that records their initial gazettal, reprint and a later amendment. The text and the Schedule show the following legislative-history facts:

Original enactment and commencement

The Disposal of Uncollected Goods Regulations 1971 were gazetted on 10 June 1971 and commenced 1 August 1971, pursuant to r 1(2) and Gazette notices cited in the compilation table. The provisions therefore date from the Regulations that accompanied the Act when the Act came into effect.

Reprints and amendments listed

The compilation table records a Reprint 1 as at 13 February 2004. This indicates at least one formal reprint captured the law as it stood at that date.
The Regulations were amended by the Disposal of Uncollected Goods Amendment Regulations 2017, gazetted 9 June 2017. The compilation table records that r 1 and r 2 of the 2017 instrument commenced on 9 June 2017; the remainder of the 2017 Regulations commenced on 10 June 2017. The 2017 Gazette page references (p. 2849-59) are recorded in the compilation table.

Substantive changes recorded in the present text

The current text marks several insertions and amendments as having occurred in 2017. For example, the heading of Schedule 1 is marked as inserted in Gazette 9 Jun 2017 p. 2850. Many of the Schedule 2 forms are marked as “inserted: Gazette 9 Jun 2017 p. 2851-58”. This indicates the 2017 amendments materially updated the Schedule content and revised the form templates.
Regulation 3 and Regulation 4 note they were amended in the Gazette 9 Jun 2017 p. 2850 as shown by inline amendment notes after the provisions.

No further amendment history in the Regulations themselves

The Regulations’ Notes and compilation table do not show amendments other than the 2017 instrument and the earlier reprint. They do not show subsequent amendments beyond the 2017 changes.

Practical consequences of the amendment history

The 2017 amendments updated the list of prescribed goods and reworked the suite of prescribed forms. Practitioners must therefore use the current forms in Schedule 2 (as amended in 2017) and apply the Schedule 1 list of prescribed goods as amended in 2017.
The presence of a reprint and a later amendment indicates a possibility that the Regulations have been subject to periodic review, and that current practice must track the latest consolidated version of the Regulations together with the Act.

What the Regulations do not provide about amendment policy

There is no explanatory memorandum, second reading speech, or rationale contained in the Regulations text itself. The compilation table and amendment notes provide date and Gazette citations only. For policy reasoning or the scope of the 2017 changes, one must consult the amending instrument’s Gazette notice and any legislative materials external to these Regulations.

In short, the Regulations were originally made in 1971, reprinted in 2004, and substantially amended in 2017. The 2017 instrument is the most recent amendment recorded in the Regulations’ compilation table and has left visible marks in the current text, notably in Schedule 1 and Schedule 2.

The Regulations themselves do not include or reference any case law. The text and the compilation table do not cite judicial decisions, and the Schedule of forms references statutory sections but not judicial interpretations. The Regulations in the provided text therefore contain no internal litigation history or reported-practice notes.

Implications of the absence of litigation references in the Regulations

The Regulations are purely procedural and form-based; they do not and cannot record litigation. Any judicial interpretation, contested application or case law that has arisen under the Act or the Regulations will exist outside the Regulations and must be sought in court databases, reported judgments or other secondary sources.
Because the Regulations prescribe forms and procedural rules (service periods, venue, record templates), disputes about interpretation and compliance are likely to have reached courts, but the Regulations do not record that litigation. Practitioners should search Magistrates Court and higher court databases for cases under the Disposal of Uncollected Goods Act 1970 if they need precedent on contested points (for example, the effect of imperfect service under rr 6-7, the adequacy of Forms 13-14 records, or the treatment of prescribed goods under Schedule 1).

Practical next steps for litigators or researchers

The Regulations’ Schedule 2 forms reference a number of specific Act sections (for example s 9, s 12, s 17, s 19, s 20, s 21, s 22, s 24, s 25 and s 27). If litigation history is required on how those sections have been interpreted, counsel must look up reported and unreported decisions that deal with those sections and with the operation of the forms and record requirements.
Because the Regulations require copies of certain notices to be sent to the Commissioner of Police, police files may be relevant in contested cases. Lawyers should check police records when available.

Conclusion on litigation history

The Regulations contain no litigation history within their text. Any judicial treatment of questions arising under these Regulations will have to be located in external case law and court records, mapped back against the procedural rules and forms prescribed in Schedule 2.

The Regulations are short and form-driven, but they contain several practical traps and compliance pitfalls that commonly affect practitioners and clients. These are the specific “gotchas” that follow directly from the Regulations and the prescribed forms:

Relying on the correct form and completing it fully (r 4(1)-(2))

The Regulations prescribe particular forms for particular statutory sections. Using an incorrect form or failing to complete relevant particulars can be treated as non-compliance. Regulation 4(2) requires particulars to be completed “to the extent that they apply”, so partial completion can still be challenged in court. This is particularly important where the form requires specific figures (Form 1 requests the amount due and a calculation) or particular notices (Form 2 invites a bailor to claim the goods exceed $3,500).

Counting and delivering “14 clear days” correctly (rr 6-7)

The Registrar must appoint a hearing date that allows copies of the application to be served at least 14 clear days before the hearing (r 6). The term “14 clear days” has conventional legal meaning (clear days exclude the day of service and the day of the hearing), and getting the calculation wrong can vitiate service. The court may allow a shorter time under r 7, but that is discretionary and risky to rely upon without advance judicial leave. Practitioners should verify local court practice on counting clear days.

Venue limitation (r 5)

Applications must be made at the Magistrates Court nearest to the place where the goods were bailed or came into the applicant’s possession. Filing at the wrong court can produce jurisdictional objections and wasted costs. Carefully determine the physical place of bailment or possession at the relevant time.

Service and proof of service

The Regulations require service on the respondent and “all other persons appearing to be affected thereby” (r 6 and r 7) and the forms note that copies must be sent to people the bailee knows or claims to have an interest. Failure to identify and serve known interested parties (for example, secured creditors or insurers) can lead to later claims that the disposal was defective or that the bailee had not complied with notice duties. Keep evidence of service and the basis on which interested parties were identified.

Police notification requirements (Schedule 2 forms)

Several forms require copies be sent to the Commissioner of Police. Not doing so where the form so requires could expose the bailee to a successful challenge that the required procedural steps were not followed. Proof of dispatch to the police should be retained.

Time window for bailor’s response is strict in forms (1 month)

The common form language gives the bailor “not more than 1 month” from the date of the notice to take redelivery or dispute. The Regulations require the notice to carry that content as drafted; therefore bailors who miss that window as properly counted may lose the opportunity to prevent sale. Conversely, bailees who act before that window expires risk being challenged. Carefully calculate the one-month window and retain proof of service.

Records of disposal must be complete and retained (Forms 13-14)

Forms 13 and 14 require detailed particulars including gross proceeds, itemised charges and the balance standing to the bailor. Courts will expect these records if disposals are challenged. Failure to maintain accurate records risks an adverse order and potential liability on the part of the bailee.

Difference between disposals with and without court order

The Regulations provide different record formats depending on whether the disposal was authorised by the court (Form 14) or not (Form 13). Mixing the record content or failing to record the basis on which the disposal occurred (for example, by mischaracterising a sale as Court-ordered when it was not) can be fatal in litigation.

Threshold values referenced in forms

Some forms refer to value thresholds (for example, the $3,500 value threshold appears in Form 2 and Form 8). These values are built into the forms; incorrect valuation or incomplete evidence about value can give rise to disputes over whether the correct Part of the Act was engaged.

Registrar’s endorsement duty

The Registrar must endorse the appointed day and hour on the application and copies (r 6). If the endorsement is not done or is done incorrectly, the court may find procedural non-compliance. Ensure the endorsed copies are the ones served and retained.

Court may proceed in absence (r 8)

If a person is properly served but does not attend, the court has authority to make orders in their absence. This creates a risk for parties who assume attendance is optional; strict adherence to service requirements and attendance obligations is essential.

No penalties in the Regulations themselves

Because the Regulations do not specify penalties, parties may assume non-compliance has no consequence. That is not the case: procedural non-compliance can undermine an applicant’s substantive claim under the Act and expose the bailee to orders for account or costs. Treat procedural compliance as enforcement-critical.

Practical tip

Do not treat the forms as mere templates to be adapted informally. The Regulations mandate their use “for the respective purposes therein indicated” and require completion of particulars. When in doubt, use the exact form wording and log precise proof of service, police notifications and record entries.

This section provides a practical compliance checklist and recommended steps, founded on the Regulations’ requirements. Where the Regulations refer to the Act (for example via form headings), those substantive provisions must also be consulted; the checklist focuses on regulatory compliance.

Identify whether the goods fall under Part II prescribed goods

Check Schedule 1. If the goods are one of the listed categories (batteries; bedding; bicycles; books; cooking utensils; footwear; gardening tools; household appliances; household linen; leather goods; motor vehicle accessories/parts; radiograms/radios/record players/tape recorders/television sets; soft furnishings; spectacles; sports equipment; travel goods; non-electric typewriters; wearing apparel except furs) then Part II applies as directed by r 3. If they are not listed, do not assume Part II applies; consult the Act for other Parts.

Choose the correct prescribed form from Schedule 2

Use the forms corresponding to the Act section you rely on. The headings of forms indicate which sections they implement (for example, Form 1 for s 9(1)(a), Form 2 for s 9(1)(b) and Part III-related notices, Form 8 for s 19(1) applications concerning goods valued in excess of $3,500). Regulation 4(1) makes Schedule 2 the prescribed forms.

Complete every applicable particular on the form (r 4(2))

Complete the required particulars to the extent they apply. For example, Form 1 requires a “sufficient description of goods”, place, and a dollar amount for charges with a calculation. Forms often require the bailee to insert their name, address and signature and to date the notice.

Prepare to send copies to the Commissioner of Police and known interested persons where required

Several forms explicitly require sending copies to the Commissioner of Police and any person the bailee knows or claims has an interest in the goods (e.g. Forms 2, 4, 5, 6). Identify known claimants (lessors, financiers, insurers) and send copies with proof of dispatch. Retain evidence of delivery to the Commissioner of Police.

File applications at the correct Magistrates Court (r 5)

File the application at the Magistrates Court nearest to the place where the goods were bailed or came into possession of the applicant (r 5). Confirm local registry practice about which physical court is “nearest”.

Serve copies in accordance with the 14 clear days rule and obtain Registrar endorsement (rr 6-7)

On filing an application, the Registrar will appoint a hearing date that allows at least 14 clear days for service and will endorse that date and hour on the application and copies (r 6). Serve the respondent and all other persons appearing to be affected at least 14 clear days before hearing (r 7). Keep proof of service (affidavit of service or certificate of service) and the endorsed application.

Monitor and respect the bailor’s one-month response windows as set out in the notice forms

The commonly used notice wording gives bailors “not more than 1 month” from date of notice to take redelivery or dispute in writing. Ensure the timeline is calculated precisely and that the bailee does not proceed to sell or dispose until the window has expired, unless a court order has been obtained.

If applying for disposal valued in excess of $3,500 use the appropriate forms

Where the forms reference value thresholds (for example Form 8 references goods valued in excess of $3,500), ensure valuation evidence is prepared and included in the application. The form itself asks the applicant to specify that value.

Maintain the prescribed disposal records (Forms 13 and 14)

If disposal occurs without a court order, complete Form 13 and retain it (s. 14(4) referenced in Form 13 heading). If disposal occurs under court order, complete Form 14 and include details of charges approved by the court, subsidiary charges levied under s 24 of the Act, and costs awarded under s 25(1)(c) as required by the form. Keep originals and provide copies as required.

Prepare for court hearings and the risk of orders in absence (r 8)

If the respondent has been properly served but does not appear, the court may make orders in absentia. Ensure attendance or attendance by counsel/solicitor, and retain proof of proper service to rely upon.

Keep detailed proofs for contested disputes

For disputes treated as determined under Part V (Form 3), have documentary evidence of the dispute’s nature, the date it arose and communications between parties. The forms require mention of the “nature of dispute and manner in which it arose”.

Check and comply with any local court practice directions

The Regulations mandate certain procedural features, but local courts may have additional practice directions or filing forms. Confirm the Magistrates Court’s current registry requirements for filing, fees and electronic service.

Retain all documentary evidence and consider preserving evidence with police where theft or loss is involved

Where the goods may be stolen or the circumstances of possession involve potential criminality, the forms’ requirement to notify the Commissioner of Police ties the administrative disposal process into policing records. Keep copies of police notifications and any police file reference numbers.

Legal review where value, identity of owner, or competing claims exist

Where the identity of the bailor is unclear, or competing claims exist, consider early legal advice and possible court application under the Act provisions referenced by the form headings (for example s 20(a) and s 20(b) scenarios in Forms 9 and 10). Do not rely solely on the Regulations for substantive entitlement resolution.

Update compliance documents following legislative changes

The Regulations were amended in 2017 and previously reprinted. Ensure the forms used are current (the Schedule 2 forms in the version you are using must match the latest consolidated text) and that you have the current Schedule 1 list of prescribed goods in force.

Checklist summary

Identify whether goods are prescribed (Schedule 1).
Pick the correct form from Schedule 2 and complete all applicable particulars.
File at the correct Magistrates Court (r 5).
Ensure Registrar endorsement and calculate 14 clear days for service (rr 6-7).
Serve respondent and known interested parties; send copies to Commissioner of Police where required.
Retain proof of service and all records; complete Forms 13 or 14 after disposal.
Attend hearings or ensure attendance by counsel; be prepared for orders in absence (r 8).
Keep valuation and ownership evidence for contested disposals, especially where forms reference $3,500 thresholds.

Following these steps aligns practice with the mandatory procedural and documentary obligations the Regulations impose. For substantive questions about entitlement to deduct charges, priority disputes, or remedies for wrongful sale, consult the Disposal of Uncollected Goods Act 1970 itself and any relevant case law.

Disposal of Uncollected Goods Regulations 1971

Plain English Summary

Deep Dive

What it does

Current sections