Australian Capital Territory Current Acts

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LAND TITLES ACT 1925 - SECT 105

Notice of caveat

    (1)     Upon the receipt of a caveat, the registrar-general shall notify the receipt to the person against whose application to be registered as proprietor, or, as the case may be, to the registered proprietor against whose title to deal with land under this Act the caveat has been lodged.

    (2)     A person who—

        (a)     is an applicant or registered proprietor referred to in subsection (1);

        (b)     has a registered interest in the land; or

        (c)     has an interest in the land under a memorandum of transfer or other instrument registrable under this Act;

may apply to the court, on notice to the caveator, for an order that the caveat be removed.

    (3)     The court or judge, upon proof that the caveator has been given notice of the application for the order, may make such order in relation to the land, either ex parte or otherwise, as to the court or judge seems fit.

    (4)     In this section:

"court" includes the Family Court of Australia and any other court having jurisdiction under the Family Law Act 1975

(Cwlth).



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