Western Australian Current Acts Western Australian Current Acts (1) Upon receipt of
such caveat the Registrar shall notify the same to the person against whose
application to be registered as proprietor or (as the case may be) to the
proprietor against whose title to deal with the estate or interest such caveat
has been lodged and the judgment creditor named in any property (seizure and
sale) order registered under section 133 in respect of the judgment
debtor’s saleable interest in such land.
(2) Any such
applicant, proprietor or judgment creditor, or any person claiming under any
transfer or other instrument signed by the proprietor may if he think fit
summon the caveator to attend before the Supreme Court or a judge in chambers
to show cause why such caveat should not be removed; and such court or judge
may upon proof that such caveator has been summoned make such order in the
premises either ex parte or otherwise as to such court or judge may seem fit.
(3) Except in the case
of a caveat lodged by or on behalf of a beneficiary claiming under any will or
settlement or by the Registrar pursuant to the direction of the Commissioner
every caveat lodged against a proprietor shall be deemed to have lapsed as to
the land affected by the transfer or other dealing upon the expiration of 14
days after notice served on the caveator that such proprietor has applied for
the registration of a transfer or other dealing unless in the meantime such
application is withdrawn.
(4) A caveat shall not
be renewed by or on behalf of the same person in respect of the same estate or
interest except subject to the state of the Register at the time of the
renewal of such caveat; but if before the expiration of the said period of 14
days or such further period as shall be specified in any order made under this
section the caveator or his agent appears before a judge and gives such
undertaking or security or lodges such sum in court as such judge may consider
sufficient to indemnify every person against any damage that may be sustained
by reason of any disposition of the property being delayed then and in such
case such judge may direct the Registrar to delay registering any dealing with
the land lease mortgage or charge for a further period to be specified in such
order or may make such other order as may be just.
[Section 138 amended: No. 17 of 1950 s. 39; No. 81
of 1996 s. 145(1); No. 59 of 2004 s. 139; No. 5 of 2008 s. 123.]