Current Issues with Caveats: A Pan-Australian Conspectus.

11 Pages Posted: 4 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2010

Abstract

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

Aitken, Lee, Current Issues with Caveats: A Pan-Australian Conspectus. (2010). Australian Law Journal, 84 1: 22-31.; University of Queensland TC Beirne School of Law Research Paper No. 15-41. Available at SSRN: https://ssrn.com/abstract=2611474

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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