Titles Registry reminder: Caveats by family law practitioners
8 May 2019
Family law practitioners are reminded that if they do not want their client’s caveat to lapse, section 126(4) of the Land Title Act 1994 requires the caveator to start a proceeding to establish the interest claimed under the caveat. Practitioners must then notify the Registrar within the relevant timeframe.
The Registrar will be looking for an order relating to the interest claimed in the caveat to be expressly sought in the proceedings. For example, if the interest in the lot being claimed in the caveat is ‘an interest in fee simple as beneficial owner’ on grounds pursuant to a constructive and/or implied or resulting trust, then to prevent the caveat from lapsing, the Registrar must be notified, within the relevant timeframe, that proceedings have been started by the caveator seeking a declaration that the caveator has an interest in fee simple as beneficial owner of the lot.
The correct way to notify the Registrar is by depositing a Form 14 General Request with a court sealed office copy of the proceedings. There is no fee for depositing the Form 14 notification. Notification by methods other than depositing the form will not be accepted. Information on this procedure is available in Part 52 of the Land Title Practice Manual.