Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 625

Caveat procedure

625 Caveat procedure

(1) Unless the court otherwise orders, nothing may be done on an application to which a caveat relates, whether filed before or after the filing of the caveat, until at least 8 days after service by the registrar of notice under subrule (2) on the caveator.
(2) If a caveat is filed, whether before or after an application is filed, the registrar must give to the caveator and the applicant, notice in the approved form of the filing of the caveat.
(3) The notice—
(a) must state a date, not later than the end of the 8 days under subrule (1) , by which the caveator must file a notice to support the caveat; and
(b) must be given as soon as practicable after an application is filed.
(4) Within the time stated in the notice under subrule (2) , the caveator must file a notice to support the caveat and serve a copy of it on the applicant at the address for the applicant stated in the application.
(5) If the caveat is filed after the application to which it relates, the caveator may file a notice to support the caveat when filing the caveat.
(6) If the notice to support the caveat is not filed within 8 days after service of the notice under subrule (2) , the registrar may consider the application as if no caveat had been filed.
(7) If a notice to support the caveat is filed, a further step on the application may not be taken unless the caveat is set aside or withdrawn.
(8) However, the applicant may start a proceeding against the caveator seeking the making of a grant as sought in the application.
(9) If the applicant starts a proceeding under subrule (8) , the claim may be served at the address for service given in the caveat.



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