Current Issues with Caveats: A Pan-Australian Conspectus.
Australian Law Journal, 84 1: 22-31.
11 Pages Posted: 4 Jun 2015
Date Written: 2010
Defending a caveat requires a detailed knowledge of both the rules of interlocutory practice, and, typically, the possible bases upon which an equitable interest over land may arise. The Torrens treatment of caveats is similar in every State, but only the boldest property practitioner would purport to advise with conﬁdence on a caveat lodged in another jurisdiction. It is difficult, given the urgent basis on which most caveat matters are argued, to keep abreast of the case-law which is uniformly ill-reported in any timely fashion. In this article, the common caveat themes which arise in each State as exempliﬁed by the most recent cases are described and brieﬂy analysed.
JEL Classification: k00
Suggested Citation: Suggested Citation