Western Australian Current Acts Western Australian Current Acts (1) When a caveat is
lodged with the Registrar under section 81W(6), the Registrar shall forthwith
notify the Commissioner and the Minister for Lands.
(2) On being notified
under subsection (1) —
(a) the
Commissioner shall not direct the Registrar to grant the relevant application
until the caveat has been withdrawn or has lapsed or an order setting aside
the caveat has been made under subsection (3); and
(b) the
applicant may, if he so wishes, summon the caveator to attend before the
Supreme Court or a judge to show cause why the caveat should not be set aside.
(3) The Supreme Court
or a judge may, on proof that the caveator has been summoned under subsection
(2), make such order, whether ex parte or otherwise, in respect of the caveat
as the Supreme Court or judge thinks fit.
(4) A caveat shall
lapse on the expiry of one month from the date on which it was lodged under
section 81W(6), unless the caveator before that expiry —
(a)
takes proceedings in a court of competent jurisdiction to establish his claim
to the interest specified in the caveat and gives notice of that taking to the
Registrar; or
(b)
obtains and serves on the Registrar an order of the Supreme Court or a judge
restraining the Commissioner from making a direction under section 81W(4) or
(5).
(5) A caveat shall not
be renewed by or on behalf of the same person in respect of the same interest.
[Section 81X inserted: No. 31 of 1997 s. 104(1).]