How long does it take to remove a non-urgent caveat?
The process takes about 45 days.
How long does it take to remove an urgent caveat?
The court will make arrangements for the matter to be heard based on the urgency of the application.
If I win, will I recover my costs?
Usually the successful party will have their costs paid by the unsuccessful party. These costs are typically around $10,000. However, you cannot expect to have costs paid if the unsuccessful party is insolvent.
What are the steps for urgent removal?
1 – Your solicitor or conveyancer should write an urgent letter to the person who lodged the caveat requesting that they remove it.
2 – If they fail to respond or refuse to remove the caveat, our team will prepare the necessary documents to lodge an urgent application to the Supreme Court of Victoria to have the caveat removed.
The filing fee is in accordance with Item 2.1 ‘Commencing a proceeding or an appeal (other than an appeal from an Associate Judge or Judicial Registrar)’ of the Supreme Court of Victoria Prothonotary’s Office Fees. You can find a link to the most up-to-date version of the fees here: https://www.supremecourt.vic.gov.au/forms-fees-and-services/fees/prothonotarys-fees
3 – The matter will then be heard in the Practice Court of the Supreme Court by a trial judge. If the caveat is successfully removed, the court will provide a written order at the end of the hearing that we will send to the Registrar of Titles who will remove the caveat in 2-3 days.
What is a lawful caveat?
Lawful caveats arise when there is an agreement by one party to allow another party to lodge a caveat. Common examples include:
• To secure finance.
• A caveat lodged by your trustee of bankruptcy.
• Where one party is the registered proprietor of land but where two parties have contributed to the purchase price.
• Where parties have contributed jointly to the development of land or property but where only one party is the registered proprietor.
• In instances of fraud. For example, where an employee steals money from their employer and uses that money to buy land.
What to expect in court:
• Your lawyer will advise you of the time and location of your hearing. Please aim to arrive 20 minutes early.
• On entry to the Supreme Court you will need to pass through security screening.
• You will enter the courtroom with your lawyer, who will sit at the plaintiff’s table. You can find seating in the public gallery which is usually to the back of the courtroom.
• Make sure to enter and leave quietly.
• Ensure your mobile phone is turned off.
• Avoid talking and eating.
• Stand and bow your head when the judge enters or leaves the room.
• Your lawyer will present your case to the judge.
• The defendant’s party will be given the chance to respond.
• The judge will advise you of their decision, or whether they will make their decision at a later date.
• The judge will rise and the court will be adjourned.