Western Australian Current Acts Western Australian Current Acts (1) Where it appears
to the Commissioner that the estate or interest claimed by any caveator has
ceased to exist, he may, either of his own motion or on the application of any
person claiming any interest in the land or on the application of the judgment
creditor named in a property (seizure and sale) order registered under
section 133 in respect of the judgment debtor’s estate or interest in
such land, serve the caveator with notice requiring him within 14 days from
the date of such notice to withdraw such caveat or within such time to
commence proceedings in court to substantiate his claim, and in the event of
the caveator failing to comply with the requirements of such notice within the
time therein limited, or to comply with subsection (1a), the Commissioner may
direct the Registrar to remove such caveat from the Register and forward
notice of such removal to the caveator.
(1a) If a caveator
commences proceedings in court to substantiate his claim under this section,
he shall —
(a)
within the 14 days referred to in subsection (1); or
(b)
within 2 days after commencing proceedings,
whichever time expires
later, serve the Registrar with notice that the proceedings have been
commenced.
(2) In any proceedings
by a caveator to substantiate his claim under this section, he shall, unless
otherwise ordered by the court or a judge, join as parties the Registrar of
Titles, the registered proprietor and any other person or persons affected by
the existence of such caveat.
[Section 141A inserted: No. 17 of 1950 s. 41;
amended: No. 81 of 1996 s. 86 and 145(1); No. 24 of 2000 s. 42(1) and (2); No.
59 of 2004 s. 140.]