When should a solicitor lodge a caveat, and what are the best ways to remove a caveat?

  • Author : Bill Stark - 19-06-2013

On Thursday morning, 6 June 2013, I participated in a seminar for solicitors on caveats run by Greens List, barristers, with Bill Rimmer and John Warren. The seminar was chaired by Caroline Kenny, SC. Video of the seminar will be available shortly via www.greenslist.com.au.

Topics discussed were:

1. When should a solicitor consider lodging a caveat for a client? Legally? Strategically? Ethically?

2. Now that the caveat is on title, what are the best ways of removal? Section 89A of the Transfer of Land Act? Section 90(3) of the Transfer of Land Act?


 

The discussion includes an analysis of the decision in Piroshenko v Grojsman, 27 VR 489 by the Chief Justice of the Supreme Court of Victoria, where Her Honour applies the higher standard for an injunction applied by the High Court in Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 at 82 - 4.

W G Stark

About the Author

Bill Stark

Recent Posts

Can parties to a mortgage agree to contract out of the statute of limitations?

Bill Stark Date: 02-09-2021

Who is responsible when external cladding fails in an apartment tower during a fire - Court of appeal?

Bill Stark Date: 04-06-2021

Are there any recent cases about a mortgagee's duty of good faith in selling secured property in pandemic times?

Bill Stark Date: 03-06-2021

Can I enforce an unregistered restrictive covenant?

Bill Stark Date: 08-02-2021

How far above ground level can an owner of land enforce their rights of ownership?

Bill Stark Date: 06-10-2020

Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death? - follow up

Bill Stark Date: 25-09-2020