(1)  Where –

(a) a settlor transfers registered land to be held by the transferee as trustee; or

(b) a person claims an estate or interest in registered land under an unregistered dealing, or by devolution in law or otherwise –

that settlor or person may, by caveat in an approved form lodged with the Recorder, forbid the registration of any dealing affecting that land, estate, or interest.

(2)  A caveat under this section shall state –

(a) the name and address of the caveator;

(b) an address for service of notices on the caveator;

(c) the estate or interest claimed by the caveator;

(d) the folio of the Register, or the registered dealing, affected by the caveat; and

(e) where the caveat relates to part only of the land in a folio of the Register or registered dealing, such further description as may be necessary to identify the subject land –

and shall be signed by the caveator or by the caveator’s legal practitioner, attorney, or authorized agent.

(3)  If the Recorder does not refuse to register a caveat lodged pursuant to this section the Recorder shall –

(a) record the caveat on the folio of the Register or registered dealing affected by the caveat; and

(b) give notice of the caveat to the registered proprietor of the estate or interest affected by the caveat.

(4)  A notice relating to a caveat lodged pursuant to this section, or to any proceedings in respect of the caveat, shall be deemed to be duly served upon the caveator if served at the caveator’s address for service stated in the caveat, or at the office of the legal practitioner, attorney, or authorized agent who may have signed the caveat.

(5)  A caveat under this section may be withdrawn in the manner approved by the Recorder or the approved form –

(a) by the caveator or, on the caveator’s behalf, by –

(i) the caveator's legal practitioner; or

(ii) an agent authorized in writing by the caveator to withdraw the caveat;

(b) where a caveator is dead –

(i) by the caveator’s personal representative; or

(ii) by the surviving caveator where the estate or interest claimed by the caveat was stated in the caveat to be held by caveators as joint tenants;

(c) where the caveator is bankrupt, by the trustee, the Official Receiver (within the meaning of section 95 ), or other person in whom the estate or interest claimed in the caveat has vested pursuant to the law relating to bankruptcy;

(d) where the caveator is a defunct company which was incorporated under the Corporations Act, by ASIC;

(e) where the caveator is a friendly society which has been dissolved, by the Registrar of Friendly Societies;

(f) where the caveator is a building society which has been terminated or dissolved, by the Registrar of Building Societies;

(g) by the administrator of the estate of a person under the Guardianship and Administration Act 1995 to whom is committed the management and care of the estate or interest claimed in the caveat; or

(h) by the legal practitioner to a person mentioned in paragraph (b) , paragraph (c) , or paragraph (g) .

(6)  The Recorder shall not be concerned to be satisfied that a legal practitioner who signs a withdrawal of caveat as legal practitioner to the caveator or to a person mentioned in paragraph (b) , paragraph (c) , or paragraph (g) of subsection (5) has authority to withdraw the caveat.