Caveats - 2 Hour Seminar Special
Start time 5 Aug 2021 12:00pm (Australia - Melbourne)
End time 5 Aug 2021 2:00pm (Australia - Melbourne)
Location Live Stream Only
Speaker See Full Program
Catering Not Included
Designed for Legal Practitioners
Product Code S21157
CPD Points:

Substantive Law: 2.0
$225.00
(includes GST)

Caveats - 2 Hour Seminar Special

2.0
5 Aug 2021 12:00pm - 5 Aug 2021 2:00pm (Australia - Melbourne)
Live Stream Only

Removing Hostile Caveats 

This session will discuss the three ways for dealing with or removal of a hostile caveat under sections 89A, 90 (2) and 90 (3) of the Transfer of Land Act 1958 (Vic)(the TLA). This session will focus on the issues relating to applications relating to removal of a caveat and will discuss:

  • Section 89A, which enables a registered proprietor to apply to the registrar to serve a notice on a caveator;
  • Section 90(2), which enables the caveator to seek an order to delay registering dealing with the land; and
  • Section 90(3) which enables a party to bring proceedings in a court for the removal of the caveat.

Our presenter will discuss the risks and benefits of each option including the circumstances where an application to remove a caveat may be considered ‘vexatious’ for the purposes of the Act and the factors weighed by the court when exercising its discretion.

Presented by: Antony Berger, Barrister, Victorian Bar

Section 118 TLA Caveat Compensation Claims 

This session will outline the basis for seeking compensation for wrongful caveats, in light of recent cases. What are the grounds for claiming compensation and what are the subtle nuances that you need to be aware of when advising your client about a potential claim. This session will also assist you when advising your client on whether they have a proper caveatable interest.

Presented by: Dan Coombes, Barrister, Victorian Bar