The Federation Press

Caveats Against Dealings in Australia and New Zealand

Overview

This work has been written by a practitioner for the benefit of practitioners.

The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.

Chapters which follow on from the general introductory chapters:

  • list all the recognised categories of situations where there is a caveatable interest
  • deal with defects in the drafting of caveats
  • describe the procedures available to a registered proprietor or other interested person for freeing the title from the caveat
  • analyse the criteria for a successful action for compensation for wrongful lodgement of a caveat
  • explain the role of caveats in determining equitable priorities There is also a brief chapter dealing with the assessment of stamp duty on caveats.

Table of Contents

Nature and Effect of a Caveat
Caveatable Interests: general principles
Caveatable Interests: particular interests
Drafting
Means of Removing a Caveat
Compensation for Unjustifed Lodgment of a Caveat
Caveats and Equitable Priorities
Stamp Duties

Appendix
Australian State and Territory Legislation New Zealand Legislation

Table of Cases
Table of Statutes
Index

Of interest...