Victorian Current Acts Victorian Current Acts(1) Before a provisional folio or an ordinary folio is created under this Part for land in an identified folio, the person seeking the creation of the folio may apply to the Registrar in the appropriate approved form for the giving of a notice under subsection (3) to a person claiming an interest recorded on the identified folio.
(2) An application under this section must—
(a) specify the land and the interest in the land in respect of which the application is made; and
(b) be supported by a certificate signed by a legal practitioner to the effect that the person claiming the interest recorded on the identified folio does not have the interest claimed.
(3) On receiving an application and certificate under this section and on being satisfied that the applicant has an interest in the land in respect of which the application is made, the Registrar must give notice to the person claiming the interest recorded on the identified folio.
(4) The notice must state to the effect that the recording of that interest will be deleted from the identified folio on a day specified in the notice unless before that time—
(a) the application is abandoned by notice in writing given to the Registrar by or on behalf of the applicant; or
S. 26N(4)(b) amended by No. 80/2009 s. 8(1).
(b) notice in writing is given to the Registrar that proceedings in a court to substantiate the claim of the person claiming the interest recorded on the identified folio have commenced.
S. 26N(5) amended by No. 80/2009 s. 8(2).
(5) The Registrar must not cause a day to be specified in the notice that is less than 30 days after the day on which the notice is served, or if the notice is sent by post, the day on which it is introduced into the course of the post.
(6) On the specified day, the Registrar must make all necessary amendments to the Register to delete the recording of the interest in respect of which the application is made unless—
(a) the application has been abandoned in accordance with subsection (4); or
(b) written notice has been given to the Registrar in accordance with subsection (4) that proceedings have commenced.
(7) An application under this section may be abandoned either wholly or as to part of the land or the interest in the land in respect of which it is made either before or after the notice is given under subsection (3), but, if notice has been given, only with the consent of the person claiming the interest or the agent of that person.
S. 26N(8) amended by No. 80/2009 s. 8(3).
(8) If in proceedings of which notice is given to the Registrar in accordance with subsection (4), the interest of the person bringing the proceedings is not substantiated to the satisfaction of the court—
S. 26N(8)(a) amended by No. 80/2009 s. 8(3).
(a) the court may make any order in relation to the recording of the interest as the court thinks fit; and
(b) the Registrar must give effect to that order.
S. 26N(9) amended by No. 80/2009 s. 8(4).
(9) If there is served on the Registrar a copy of any notice or an office copy of any order of a court disclosing that proceedings of which notice was given in accordance with subsection (4) have been discontinued, withdrawn or struck out or evidence to the satisfaction of the Registrar that those proceedings have been dismissed, the Registrar may make all necessary amendments to the Register to delete the recording of the interest in respect of which the proceedings were commenced.
(10) This section does not apply to any interest in land created by another Act.
S. 26O substituted by No. 85/1998 s. 6.