TRANSFER OF LAND ACT 1893 - SECT 30
TRANSFER OF LAND ACT 1893 - SECT 30
30 . Parties interested may lodge caveat
(1) Any person
claiming any estate or interest in the land described in the advertisement may
in person or by agent before the registration of the certificate lodge a
caveat with the Registrar in an approved form forbidding the bringing of such
land under this Act.
(2) Every such caveat
shall be signed by the caveator or by his agent and shall particularise the
estate or interest claimed.
(3) The Registrar may
by notice require any person lodging such caveat to support the same by a
statutory declaration within 7 days after the service of such notice stating
the nature of the title under which the claim is made and also to deliver a
perfect abstract of the title to such estate or interest.
(4) Unless such
declaration be lodged within the time aforesaid the caveat shall lapse.
(5) A caveat under
this section cannot be lodged unless one of the following is specified in it
for the purposes of the service of notices in relation to the caveat —
(a) an
address in Australia;
[(b) deleted]
(c) a
way of receiving notices electronically (for example, an email address) that
is prescribed by the regulations for the purposes of this paragraph.
(6) A number for a
facsimile machine in Australia may be used for the purposes referred to in
subsection (5) if —
(a) a
caveat under this section is lodged before the day on which the Transfer of
Land Amendment Act 2022 section 9 comes into operation; and
(b) that
number is specified in the caveat.
[Section 30 amended: No. 81 of 1996 s. 15; No. 19
of 2010 s. 51; No. 2 of 2014 s. 65; No. 21 of 2022 s. 9.]