Land Titles Act 1993 · 2020 Revised Edition · Part 12 · Caveats
127. Remedies of caveatee
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
At any time after the lodgment of a caveat, the caveatee may summon the caveator to attend before the court to show cause why the caveat should not be withdrawn or otherwise removed, and the court may make such order, whether in the absence of the caveator or otherwise, as seems just.
caveatee
“caveatee” means the proprietor or other owner of land described in a caveat and to whom notice of the caveat is required to be given;
A caveatee who contends that a caveat has been lodged, or is being allowed to remain, vexatiously or frivolously or not in good faith, may lodge with the Registrar an application to that effect, whereupon the Registrar must give notice to the caveator that he or she intends to cancel the notification of the caveat, and the Registrar must cancel it unless within 30 days from the date of the service of the notice an order by the court to the contrary is served on the Registrar.
In any case in which the Registrar, after giving the notice under subsection (2) to the caveator, does not cancel the notification of a caveat under this section, the Registrar must inform the caveatee that the Registrar has withdrawn or extended the time of the notice of intended cancellation, as the case may be.
caveator
“caveator” means the person by whom or on whose behalf a caveat has been lodged;
A caveator who has been given notice under subsection (2) may, at any time during the currency of the notice, apply to the court for relief, and the court may make such order in the premises as seems just.
Subsections (2), (3) and (4) apply only to caveats affecting registered land.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
For the purposes of this section, a person claiming an estate or interest in the land under another caveat is deemed to be a caveatee.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;