Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26R

Caveats

26R. Caveats



(1) Any person claiming an estate or interest in the land for which notice is
required to be given in accordance with section 26Q(1) may, before the
creation of the folio for the land or the removal of the warning, lodge a
caveat with the Registrar in an appropriate approved form forbidding the
creation of the folio or the removal of the warning.

(2) The registered proprietor of land to whom notice is required to be given
in accordance with section 26Q(2) may, before the creation of the new folio
for the land, lodge a caveat with the Registrar in an appropriate approved
form forbidding the creation of the folio.

(3) On the lodgment of a caveat under this section, the Registrar-

   (a)  must notify the person who is to be the registered proprietor of the
        folio which is to be created or the registered proprietor of the folio
        from which the warning is to be removed, of the caveat; and

   (b)  must not proceed with the creation of the folio or the removal of the
        warning until-

   (i)  the caveat has been withdrawn or has lapsed; or

   (ii) a judgment or order in the matter has been obtained from the Court.

(4) The person notified under subsection (3)(a) may summon the caveator to
attend before the Court to show cause why the caveat should not be removed.

(5) The Court may make any order in the matter either ex parte or otherwise
and as to costs as the Court thinks fit.

(6) A caveat under this section is deemed to lapse after the expiration of 30
days from the lodgment of the caveat unless the caveator has within that time-

   (a)  commenced proceedings in a court of competent jurisdiction to
        establish the caveator's title to the estate or interest specified in
        the caveat and given written notice of those proceedings to the
        Registrar; or

   (b)  obtained and served on the Registrar an injunction or order of the
        Court restraining the Registrar from creating the folio or removing
        the warning.

(7) A caveat must not be renewed by or on behalf of the same person in respect
of the same estate or interest.

(8) If an application has been withdrawn under section 15 and a caveator has
been put to expense without sufficient cause by reason of the application, the
caveator is entitled to receive from the applicant any compensation that the
Court considers just and orders.