Caveat Removal Victoria offers two methods of removing improper caveats in Victoria.

Non-urgent

Administrative removal

The first and by far the most common process of removing a caveat is the non-urgent process where we prepare a notice supported by a solicitor’s certificate and file it with the Land Title’s Office. This has the effect of prompting the Registrar to issue a notice to the person who lodged the caveat to bring Court proceedings to substantiate their claim. If no claim is brought, the caveat will automatically lapse after 30 days and the titles office will process that lapse during approximately the 14 days that follow. This removes the caveat from your title. A person who receives such a notice rarely brings Court proceedings because they know their caveat to be improper and they do not wish to expose themselves to the consequences of adverse costs should the Court find in your favour.

Our fee for administrative removal is:

FP file opening fee: $22.88
GlobalX: $60.50
LTO fee on 89(A)1 caveat removal: $192.20
Title search (copy Title & Caveat): $37.80
Address search: $12.70
Title alert (3 months): $10.20
Sub-total: $336.28

Professional fees: (incl GST) $462.72

Total you pay: $799 (incl GST)

If you would like to learn more about the situations that our non-urgent process commonly apply to, please click here to find out more at Our Services page.

Urgent process

Court proceedings

Sometimes you won’t be able to afford to wait for the administrative process to take place. If settlement of a potential sale is likely to be held up due to an improper caveat, or if you need finance to be secured against your property urgently, then our urgent caveat removal process will be right for you.

If this process is required, we will meet with you and prepare the Court documents necessary to lodge an urgent application to the Supreme Court of Victoria to have the caveat removed.

We charge our legal fees for urgent caveat removal matters by applying ‘Appendix A of the Supreme Court Scale of Costs’. You can find a link to the most up-to-date version of the Scale here: https://www.liv.asn.au/Professional-Practice/LIV-Cost-Lawyers/Scales-of-Costs

The cost of this process varies depending on the issues involved but we offer a ½ hour free telephone consultation and provide a costs estimate setting out the Court fees, legal fees and barrister fees you will be required to pay before you proceed. If the Court finds the caveat to be improper, we have found that our clients recover approximately 80% of their total legal costs through Court order.

If you would like to learn more about the situations that our urgent process commonly apply to, please click here to find out more at Our Services page.

Our Services

Urgent vs. non-urgent

When does the non-urgent process apply? Most commonly, our non-urgent administrative process will apply where you don’t have a settlement or immediate need for finance but where:

Proper and improper caveats

What is an improper caveat? Improper caveats occur when they are lodged to do something other than secure an ‘interest in land’. Most commonly, this occurs where a caveat is lodged to recover an unsecured debt.

About Caveat Removal Victoria

Do not allow an improper caveat to stay on your title. You may lose a profitable sale or find it impossible to get a loan when you need it. Caveat Removal Victoria offers a focused, efficient and cost effective service to assist Victorians in removing improper caveats. The service is backed by the lawyers at law firm SMR Legal with offices in both the Melbourne CBD and rural Victoria. Our lawyers can handle your matter if the removal process turns nasty and into a dispute with the person who lodged the caveat. Caveat Removal Victoria offers two services to remove an improper caveat in Victoria. Find out more about this at Our Services page. If you have decided to no longer tolerate the improper caveat on your title click here to see if our services are right for you. Read more »