Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) Where a person intends to apply for a grant or for resealing and a caveat is in force in respect of a grant or resealing being made in the estate, that person may apply for an order that the caveat cease to be in force in respect of the intended application for grant or resealing.
(2) A proceeding under this rule shall be commenced by originating motion supported by affidavit.
(3) The caveator shall be the defendant in the proceeding.
(4) Where in respect of the caveat the Court considers that the evidence does not show:
(a) that the caveator has an interest in the estate or has a reasonable prospect of establishing such an interest; and
(b) some matter occasioning doubt as to whether the grant ought to be made,
the Court may order that the caveat cease to be in force in respect of the intended application.
(5) Where the Court does not, in pursuance of subrule (4), order that the caveat cease to be in force in respect of the intended application, the Court may give such directions as appear best adapted for the just, quick and inexpensive determination of what grant or resealing, if any, should be made in the estate and of related matters.
(6) Directions which the Court may give in pursuance of subrule (5) include a direction to a caveator to commence a proceeding.
(7) Where the Court, in pursuance of subrules (5) and (6), directs a caveator to commence a proceeding, it may order that, if the caveator does not commence the proceeding within such time as the Court fixes, the caveat shall cease to be in force in respect of the intended application referred to in subrule (1) or generally.
(8) An order under subrule (7) may be made at the time the caveator is directed to commence a proceeding or at a subsequent time.