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How to claim uncollected goods

Information about when and how a person can get their goods back if they have been defined as uncollected goods.

When can uncollected goods be reclaimed?

Uncollected goods can be reclaimed by the owner (or the person who left the goods) or any person with an interest in the goods if that person pays the money that is owed (relevant charge).

See s. 59—Australian Consumer Law and Fair Trading Act 2012 (Vic)(opens in a new window).

What must the owner pay to get their goods back?

The relevant charge is defined as the amount the provider owes to the receiver under the terms of bailment. The relevant charge is likely to be the cost of repair or treatment.

The owner (person who provided the goods) must pay to the business (or person in possession of the goods) any of the following costs that the business has incurred:

  • storage
  • delivery
  • repairs
  • cleaning
  • treatment, and
  • any work done in connection with the goods.

This amount may be agreed to by the owner (provider) and the business (receiver). However, if the amount cannot be agreed upon, this amount should be a reasonable amount.

Extra costs

The business can charge extra costs if they have given notice to the owner that they intend to dispose of the goods or if the business has made an application to court seeking a disposal order. From the time that notice is given or court application is made, up until the date that the goods are disposed of the business may also charge for:

  • additional storage cost
  • cost of maintenance, and
  • cost of insuring the goods.

See s. 55—Australian Consumer Law and Fair Trading Act 2012 (Vic)(opens in a new window).

If there is a court order

These costs do not apply if there is a court order in place. In cases where there is a court order in place, the parties are required to follow the orders of the Court.

More information

Legislation

Australian Consumer Law and Fair Trading Act 2012 (Vic)

  • s. 55—defines relevant charge
  • s. 59—entitlement to uncollected goods upon payment of relevant charge

See Australian Consumer Law and Fair Trading Act 2012 (Vic)(opens in a new window).

Updated