Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person who claims an estate or interest in land that is the subject of an application under section 11 may, before the creation of a folio of the Register for that land, lodge a caveat with the Recorder in accordance with an approved form forbidding the bringing of the land under this Act.
(2) The Recorder, on the lodgment of a caveat pursuant to subsection (1), shall notify the person who lodged an application under section 11 in respect of the land and shall not proceed with the application until –
(a) the caveat has been withdrawn or has lapsed as provided in subsection (3); or
(b) a judgment or order in the matter has been obtained from the Supreme Court.
(3) On the expiration of 30 days after lodgment, a caveat lodged pursuant to subsection (1) lapses and ceases to have any effect unless the caveator has, within that period –
(a) commenced proceedings in a court of competent jurisdiction to establish his title to the estate or interest specified in the caveat and has given written notice that he has commenced proceedings to the Recorder, in which case the Recorder shall not proceed with the application until those proceedings have been determined; or
(b) obtained and served on the Recorder an injunction or order of the Supreme Court restraining the Recorder from bringing the land under this Act, in which case the Recorder shall not proceed with the application while that injunction or order is in force.
(4) After a caveat lodged pursuant to subsection (1) has lapsed, a caveat shall not be lodged by or on behalf of the same person in respect of the same estate or interest, except by leave of the Supreme Court.
(5) Section 133(5) and (6) and section 135 apply to a caveat lodged pursuant to subsection (1).