Disposal of Uncollected Goods Regulations 1971

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

Magistrates Court of Western Australia (Civil jurisdiction)

Disposal of Uncollected Goods Act 1970 s. 27

Certificate 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).

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; or

2. Donee; or

3. 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

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; or

2. Donee; or

3. 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