Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 138D

138D .         Restrictions on caveators lodging further s. 138A caveats

        (1)         If a section 138A caveat —

            (a)         is withdrawn after a notice under section 138B(1) is served on the caveator but before the caveat could lapse under section 138B(2); or

            (b)         has lapsed under section 138B(2); or

            (c)         no longer has effect because of the operation of an order made, or a dismissal, under section 138C by the Supreme Court,

                then the caveator cannot lodge with the Registrar any further section 138A caveat in respect of the same land unless —

            (d)         the consent of the proprietor to do so and, if the notice issued under section 138B(1) was issued on the application of a judgment creditor, the consent of the judgment creditor to do so are endorsed on the further caveat; or

            (e)         the Supreme Court has made an order giving leave for the lodgment of the further caveat and a copy of that order has been served on the Registrar.

        (2)         If a caveat has been withdrawn before a notice under section 138B(1), if any, is served on the caveator then nothing in subsection (1) prevents the caveator from lodging a further section 138A caveat in respect of the same land.

        [Section 138D inserted: No. 81 of 1996 s. 84; amended: No. 59 of 2004 s. 140.]