Western Australian Current Acts Western Australian Current Acts (1) While any caveat
shall remain in force prohibiting any registration or dealing the Registrar
shall not enter in the Register any change in the proprietorship of or any
transfer or other instrument purporting to transfer or otherwise deal with or
affect the estate or interest in respect to which such caveat may be lodged
unless —
(a)
subsection (2) applies; or
(b) the
instrument is a property (seizure and sale) order within the meaning given in
section 133; or
(c) the
instrument is a sheriff’s dealing (within the meaning given in
section 133) and the matter to which the caveat relates does not, under
section 133(7), prevail against the dealing; or
(d)
section 142 applies.
(2) Where an
instrument is presented for registration and a caveat is lodged after the time
of the presentation of the instrument, the caveat shall not have the effect of
preventing registration of the instrument but the caveat shall take effect as
if lodged after registration of the instrument.
[Section 139 amended: No. 17 of 1950 s. 40; No. 81
of 1996 s. 145(1); No. 5 of 2008 s. 124.]