Warehouse Liens and Storage Act 1990

The operator of the warehouse must give notice of an intention to sell—

to the person liable as debtor for the amount due and owing; and

to any person who has served on the operator a written notice of a claim to be the owner of the goods or to have an interest in the goods; and

to a person who holds an interest in the goods that is registered under any other Act and the existence of which is ascertainable by ordinary search of the relevant registers using the information known to the operator; and

to any other person who has an interest in the goods of which the operator has become aware.

The notice must contain—

a brief description of the goods; and

a statement of the location of the warehouse where the goods are stored, the date of their deposit and the name of the person by whom they were deposited; and

an itemised statement of the charges due and owing at the time of the notice showing the total amount due; and

a demand that the charges as stated in the notice and any further charges that may accrue be paid on or before a specified day (being a day not less than one month after service of the notice); and

a statement that unless the charges are paid by the specified day the goods will be sold in accordance with this Act.

A notice required to be given under this section—

must be in writing;

may be served—

personally; or

by post to the person's last known address; or

if any person, or the address of a person, to whom it is to be given is unknown to the person giving notice—by advertisement published at least once a week for two consecutive weeks in a daily newspaper circulating generally throughout the State.

Where a notice is served by advertisement, the notice is to be taken to have been given on the date on which the advertisement was last published.

Where a notice required to be given under this section has been duly given but the provisions of subsection (2) have not been strictly complied with, a court before which the question arises may treat the notice as having complied with this section, if the court is satisfied—

that there has been substantial compliance with the provisions; and

that in all the circumstances of the case it is just and equitable to do so.