Can Quillio handle caveat disputes?
Yes. I handle caveat disputes including preparing caveats, responding to lapsing notices, applying to the Supreme Court to remove caveats, and commencing proceedings to sustain a caveat. Each State has its own procedure — I apply the Real Property Act 1900 (NSW), Transfer of Land Act 1958 (VIC), Land Title Act 1994 (QLD) or the relevant equivalent.
Caveatable interest
A caveat can only be lodged to protect a caveatable interest — an equitable interest in the land. I test the caveator's claim against established categories (purchaser under contract, equitable mortgagee, beneficiary of express trust, right arising from matrimonial property proceedings) and flag where the interest is doubtful.
Lapsing and removal
A registered proprietor can serve a lapsing notice. The caveator must commence proceedings within 21 days (NSW) to sustain the caveat. I prepare the proceedings or respond to removal applications with the evidence of the caveatable interest.
Improper caveats
Improper caveats expose the caveator to damages. I advise caveators carefully on the basis for the caveat, and advise registered proprietors on the evidence required to establish improper caveat and claim compensation.
Common issues
- Caveats to protect general commercial debts are usually not caveatable — flag
- Caveats lodged as bargaining chips expose the caveator to damages — warn clients
- Family law caveats interact with FCFCOA orders — coordinate strategy
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