Young’s List barrister, Dan Coombes presented at the Leo Cussen Centre for Law on the topic of removing hostile caveats.
The seminar focused on three key sections of the Transfer of Land Act 1958 (Vic):
– 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.
The presentation discussed 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 TLA and the factors weighed by the court when exercising its discretion.
To brief Dan to assist with your removal of a hostile caveat, please contact Tammy at Young’s List on (03) 9225 6777.