Victorian Current Acts Victorian Current ActsS. 90(1) amended by No. 9324 s. 10(1)(a)(i).
(1) Subject to this Act every such caveat except a caveat lodged by the Registrar shall lapse as to any land affected by any transfer or other dealing other than—
(a) a transmission under Division two of Part IV; or
S. 90(1)(b) substituted by No. 42/2017 s. 35(1).
(b) a transfer or dealing as to which the caveator, or the caveator's agent, has consented in writing;
(c) in the case of a caveat lodged by or on behalf of a beneficiary claiming under a will or settlement—a transfer or dealing giving effect to the appointment of a new trustee or to any other transaction which in the opinion of the Registrar is not inimical to the interests of the beneficiaries; or
S. 90(1)(d) inserted by No. 6544 s. 7, amended by No. 9324 s. 10(1)(a)(i).
(d) a transfer or dealing which is expressed to be subject to the rights of the caveator; or
S. 90(1)(e) inserted by No. 9324 s. 10(1)(a)(i).
(e) a transfer or dealing the registration or entry of which is provided for in the caveat—
upon the expiration of thirty days after notice given by the Registrar to the caveator that a transfer or dealing has been lodged for registration, but in the case of a transfer or other dealing which does not dispose of the whole of the estate or interest of the registered proprietor in the land affected thereby the caveat shall lapse only to the extent necessary to permit the registration of the transfer or dealing.
S. 90(2) amended by Nos 80/2009 s. 47(1), 42/2017 s. 35(2).
(2) If before the expiration of the said period of thirty days or such further period as is specified in any order made under this subsection the caveator or the caveator's agent appears before a court and gives such undertaking or security or lodges such sum as the court considers sufficient to indemnify every person against any damage that may be sustained by reason of any disposition of the property being delayed, the court may direct the Registrar to delay registering any dealing with the land for a further period specified in the order, or may make such other order (and in either case such order as to costs) as is just.
S. 90(3) amended by No. 80/2009 s. 47(2).
(3) Any person who is adversely affected by any such caveat may bring proceedings in a court against the caveator for the removal of the caveat and the court may make such order as the court thinks fit.
S. 90(4) substituted by No. 9324 s. 10(1)(a)(ii), amended by Nos 18/1989 s. 12(Sch. 1 item 130), 42/2017 s. 35(3).
(4) Where a caveat lapses in whole or in part by virtue of subsection (1) in consequence of the lodging of a transfer or dealing and the transfer or dealing is withdrawn from registration or the Registrar exercises any of the powers conferred on the Registrar by section 105(1) in respect of it, the Registrar shall reinstate the recording of the caveat in any relevant part of the Register to which the caveat relates and the caveat shall thereupon have effect as if it had not lapsed.
S. 90(5) inserted by No. 9324 s. 10(1)(a)(ii).
(5) Nothing in subsections (1), (2), (3) and (4) shall apply to or in relation to the case where there is lodged for registration a transfer or dealing that is to pass to the caveator upon being registered the estate or interest in any land that he claims in the caveat.
S. 90(6) inserted by No. 9324 s. 10(1)(a)(ii).
(6) In any case of the kind referred to in subsection (5), the caveat shall lapse as to the land affected by the transfer or dealing upon registration thereof.
No. 5842 s. 91.