Victorian Current Acts Victorian Current ActsS. 116A(1) amended by Nos 18/1989 s. 12(Sch. 1 item 181), 71/2005 s. 7(3)(a), substituted by No. 80/2009 s. 66(1).
(1) The Registrar may apply to a court by summons or, in the case of land or any instrument or dealing with respect to land which is the subject of an order by VCAT, to VCAT, for an order directing a person to produce a certificate of title or document if—
(a) the Registrar has made a request under section 104(3) for the production of a certificate of title or document; and
(b) the person of whom the request was made has failed to comply with the request.
S. 116A(1A) inserted by No. 80/2009 s. 66(1).
(1A) An interested person may apply to the court by summons or, in the case of land or any instrument or dealing with respect to land which is the subject of an order by VCAT, to VCAT, for an order directing another person to produce a certificate of title or document for the reasons stated in the application.
S. 116A(2) amended by Nos 71/2005 s. 7(3)(b), 80/2009 s. 66(2).
(2) The court or VCAT, as the case requires, may—
S. 116A(2)(a) amended by No. 6/2018 s. 68(Sch. 2 item 126).
(a) if the person of whom the requisition was made appears—examine him upon oath or by affirmation and receive other evidence; or
(b) if he does not appear after being duly served with the summons—receive evidence in his absence.
S. 116A(3) amended by Nos 71/2005 s. 7(3)(b), 80/2009 s. 66(3)(a)(c).
(3) The court or VCAT, as the case requires, may—
S. 116A(3)(a) amended by Nos 71/2005 s. 7(3)(b), 80/2009 s. 66(3)(b).
(a) order the person to produce the document upon such terms or conditions as the court or VCAT, as the case requires, thinks fit;
(b) direct the Registrar to proceed with any dealing or make any entry without requiring the production of the document; or
S. 116A(3)(c) substituted by No. 18/1989 s. 12(Sch. 1 item 182), amended by Nos 71/2005 s. 7(3)(b), 80/2009 s. 66(3)(b).
(c) where the document is a certificate of title, direct the Registrar to take such action (whether by way of deleting the folio of the Register to which the certificate relates and creating a new folio of the Register in the name of such person as the court or VCAT, as the case requires, directs or otherwise) as the court or VCAT, as the case requires, directs—
and make such order as to the costs of the summons and the proceedings thereon as the court or VCAT, as the case requires, thinks fit.
No. 5842 s. 117.