Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 30

30 .         Parties interested may lodge caveat

        (1)         Any person claiming any estate or interest in the land described in the advertisement may in person or by agent before the registration of the certificate lodge a caveat with the Registrar in an approved form forbidding the bringing of such land under this Act.

        (2)         Every such caveat shall be signed by the caveator or by his agent and shall particularise the estate or interest claimed.

        (3)         The Registrar may by notice require any person lodging such caveat to support the same by a statutory declaration within 7 days after the service of such notice stating the nature of the title under which the claim is made and also to deliver a perfect abstract of the title to such estate or interest.

        (4)         Unless such declaration be lodged within the time aforesaid the caveat shall lapse.

        (5)         A caveat under this section cannot be lodged unless one of the following is specified in it for the purposes of the service of notices in relation to the caveat —

            (a)         an address in Australia;

        [(b)         deleted]

            (c)         a way of receiving notices electronically (for example, an email address) that is prescribed by the regulations for the purposes of this paragraph.

        (6)         A number for a facsimile machine in Australia may be used for the purposes referred to in subsection (5) if —

            (a)         a caveat under this section is lodged before the day on which the Transfer of Land Amendment Act 2022 section 9 comes into operation; and

            (b)         that number is specified in the caveat.

        [Section 30 amended: No. 81 of 1996 s. 15; No. 19 of 2010 s. 51; No. 2 of 2014 s. 65; No. 21 of 2022 s. 9.]



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