Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 81X

81X .         Procedure on lodging of caveat under s. 81W(6)

        (1)         When a caveat is lodged with the Registrar under section 81W(6), the Registrar shall forthwith notify the Commissioner and the Minister for Lands.

        (2)         On being notified under subsection (1) —

            (a)         the Commissioner shall not direct the Registrar to grant the relevant application until the caveat has been withdrawn or has lapsed or an order setting aside the caveat has been made under subsection (3); and

            (b)         the applicant may, if he so wishes, summon the caveator to attend before the Supreme Court or a judge to show cause why the caveat should not be set aside.

        (3)         The Supreme Court or a judge may, on proof that the caveator has been summoned under subsection (2), make such order, whether ex parte or otherwise, in respect of the caveat as the Supreme Court or judge thinks fit.

        (4)         A caveat shall lapse on the expiry of one month from the date on which it was lodged under section 81W(6), unless the caveator before that expiry —

            (a)         takes proceedings in a court of competent jurisdiction to establish his claim to the interest specified in the caveat and gives notice of that taking to the Registrar; or

            (b)         obtains and serves on the Registrar an order of the Supreme Court or a judge restraining the Commissioner from making a direction under section 81W(4) or (5).

        (5)         A caveat shall not be renewed by or on behalf of the same person in respect of the same interest.

        [Section 81X inserted: No. 31 of 1997 s. 104(1).]



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