

By Kristy Lewis
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The registered proprietor of the land in respect of which a caveat is lodged may make an application to Landgate for the removal of the caveat pursuant to section 138B of the TLA.
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Further, if a judgment creditor has a Property (Seizure and Sale) Order registered over a judgment debtor’s property, a judgment creditor may also use this procedure to remove the caveat from the judgment debtor’s property.
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An application under section 138B of the TLA cannot be lodged at Landgate on the following types of caveats:
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1. Caveats lodged under Sections 30, 176 or 223A of the TLA
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2. Caveats under any other written law which specifically provides for the lodgement of a caveat
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3. lodged by virtue of a Court Order
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4. protecting beneficiaries under a will or settlement
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5. Caveats lodged by or on behalf, or with the consent of the Minister for Lands
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6. Caveats lodged under any Commonwealth Act
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7. Caveats lodged by the Registrar of Titles
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Removing a Caveat
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An application to remove a caveat under section 138 of the TLA is simple and must be made using a Landgate Form AW. It is not necessary to lodge any evidence in support of the application at Landgate.
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After the application has been lodged at Landgate, and accepted by Landgate, Landgate will serve the caveator with a notice requiring that the caveator, within 21 days, withdraw the caveat or obtain from the Supreme Court an order extending the operation of the caveat.
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If the caveator fails to obtain a Court Order extending the operation of the caveat within the 21 days’ notice period, the caveat will lapse and be removed from the property’s certificate of title.
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Once a Caveat has been removed under section 138B of the TLA (by lapsing or being withdrawn) the caveator will not be able to re-lodge a caveat unless the caveator obtains leave of the Court or the consent of the registered proprietor.
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However, if the caveator obtains an order from the Supreme Court extending the operation of the caveat, a copy of the order must be served on the Registrar of Titles at Landgate within the 21 days’ notice period.
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For More Information
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Please contact Kristy Lewis at LBH on klewis@lbhandh.com.au if you require any advice in relation to removing a caveat pursuant to section 138B of the TLA, or if you have been served with a notice requiring you to obtain an order from the Supreme Court extending the operation of a caveat.