Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 89A

Removal of caveat on application to Registrar

89A. Removal of caveat on application to Registrar







(1) Subject to the provisions of this section, where a recording of a caveat
(not being a caveat lodged by the Registrar) has been made pursuant to section
89(2), any person interested in the land affected thereby or in any part
thereof may make application in an appropriate approved form to the Registrar
for the service of a notice pursuant to subsection (3).

(2) An application under this section shall-

   (a)  specify the land and the estate or interest therein in respect of
        which it is made; and

   (b)  be supported by a certificate signed by a person for the time being
        engaged in legal practice in Victoria, referring to the caveat and
        stating his opinion that, as regards the land and the estate or
        interest therein in respect of which the application is made, the
        caveator does not have the estate or interest claimed by him.

(3) Upon receiving any such application and certificate and upon being
satisfied that the applicant has an interest in the land in respect of which
the application is made, the Registrar shall give notice to the caveator that
the caveat will lapse as to the land and the estate or interest therein in
respect of which the application is made on a day specified in the notice
unless in the meantime either-

   (a)  the application is abandoned by notice in writing given to the
        Registrar by or on behalf of the applicant; or

   (b)  notice in writing is given to the Registrar that proceedings in a
        court of competent jurisdiction to substantiate the claim of the
        caveator in relation to the land and the estate or interest therein in
        respect of which the application is made are on foot.

(4) The Registrar shall not cause a day to be specified in the notice that is
less than 35 days after the day on which the notice is served or, if the
notice is sent by post, the day on which it is introduced into the course of
post.

(5) Upon the specified day, unless-

   (a)  the application has been abandoned as aforesaid; or

   (b)  notice in writing has been given to the Registrar that proceedings as
        aforesaid are on foot-

the caveat shall lapse as to the land and the estate or interest therein to
which the application then relates, and the Registrar shall make all necessary
amendments in the Register.

(6) An application under this section may be abandoned either wholly or as to
part of the land or the estate or interest therein in respect of which it is
made either before or after notice is given pursuant to subsection (3), but
where notice has been given, only with the consent of the caveator or his
agent.

(7) Where notice in writing of the kind referred to in paragraph (b) of
subsection (3) is given to the Registrar-

   (a)  if in the proceedings in question the claim of the caveator is not
        substantiated to the satisfaction of the Court-the Court may make such
        order in relation to the caveat as the Court thinks fit and the
        Registrar shall give effect thereto;

   (b)  if there is subsequently served upon the Registrar a copy of any
        notice, or an office copy of any order of the Court, disclosing that
        the proceedings in question have been discontinued, withdrawn or
        struck out or evidence to the satisfaction of the Registrar that those
        proceedings have been dismissed-the caveat shall lapse as to the land
        and the estate or interest therein to which the application then
        relates, and the Registrar shall make all necessary amendments to the
        Register.