Removing Hostile Caveats
Start time 30 Jan 2020 5:00pm (Australia - Melbourne)
End time 30 Jan 2020 6:00pm (Australia - Melbourne)
Location Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Speaker Dan Coombes, Barrister, Victorian Bar
Catering Includes refreshments
Designed for Legal practitioners
Product Code S20104
CPD Units:

Substantive Law: 1.0
$145.00
(includes GST)

Removing Hostile Caveats

1.0
30 Jan 2020 5:00pm - 30 Jan 2020 6:00pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne

This seminar 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
  • 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: Dan Coombes, Barrister, Victorian Bar