Pawnbrokers and second-hand dealers

NCAT can hear and decide applications about stolen goods claimed to be in possession of a pawnbroker or second-hand dealer.

Pawnbrokers and second-hand dealers cases are managed through NCAT's Consumer and Commercial Division.

Orders NCAT can make

NCAT can make orders in pawnbroker and second-hand dealers cases including:

Stolen goods are returned to the rightful owner
Goods remain with the pawnbroker or second-hand dealer
Money to be paid to the pawnbroker or second-hand dealer
Money to be paid to the rightful owner.

For more information about the orders NCAT can make, refer to the Pawnbrokers and Second-hand Dealers Act 1996.

Check if your matter is affected by federal jurisdiction.

How to apply

You can apply online. Learn how we handle your confidentiality and privacy.

What do I need to do before completing this application?

Restoration Notice

A Restoration Notice must be served by NSW Police on the pawnbroker or second-hand dealer before applying to NCAT.

You must attach the Restoration Notice issued by NSW Police to your application.

Gather your evidence

Relevant information includes:

Restoration notice
Photographs
Invoices or receipts
Witness statements or affidavits.

Correctly identify the other party

To make a claim against a person, business or company, you need to use their correct name or legal entity. You also need the correct address for service.

If the other party is a business or company, search ASIC's Registers and attach the search to your application.

NCAT may ask you for more information to ensure the other party's details are correct. Not providing correct details can cause delays or the making of unenforceable orders.

Need more information?

Visit the Legal Aid NSW website on how to identify the other party and a guided pathway
Contact NSW Fair Trading for advice.

Application fee

View our current application fees and charges.

Concession card holders are eligible for a reduced fee. Have your concession card with you when you lodge the application to claim the reduced fee.

Time limits

You must apply to NCAT within 28 days after the pawnbroker or second-hand dealer was served with the Restoration Notice.

What happens next

Pawnbroker and second-hand dealer matters are first listed for conciliation and hearing. Check the notice of hearing from NCAT and follow the instructions provided. If your case is not resolved at the first hearing it may be listed for a contested hearing on a later date.

Read the hearing preparation checklist to prepare for your hearing.

Can someone represent me?

Most people represent themselves at NCAT. You can conduct your own case without a lawyer or other representative. If you want to be represented you can find out more about representation at NCAT.

Organisations that can help

NCAT cannot provide legal advice. For more information, go to Get legal help and advice for organisations that provide free or low-cost legal advice and information. Find out how we can and cannot assist.