Western Australian Current Regulations Western Australian Current Regulations (1) A person having
any interest in an estate in which application is being made for a grant or
the sealing of a grant, and intending to oppose the application, shall either
personally or by his solicitor enter a caveat in the Registry.
(2) A caveat shall be
in accordance with Form 3, and shall state fully the nature of the interest of
the caveator.
(3) Subject to subrule
(4), a caveat shall remain in force for the space of 6 months only from
the day it is entered and then expire and be of no effect, unless otherwise
ordered.
(4) Notwithstanding
that a period of 6 months has elapsed after entry of a caveat, the
Registrar may require the applicant for a grant to give notice to the caveator
before proceeding with his application.
(5) Where the
applicant for a grant or for the sealing of a grant does not obtain an order
under section 64 of the Act, he shall, within one month, or such extended
time as a Judge or the Registrar may allow after notice of the entry of the
caveat, commence contentious proceedings by issuing a writ against the
caveator and proceeding in the ordinary manner.
(6) A caveator may, if
no step is taken by the executor or applicant for administration within a
period of one month after notice of the entry of the caveat, apply to a Judge
or the Registrar for an order directing the executor or applicant to proceed
with his application; and the Judge or Registrar may make an order upon such
terms as he thinks fit.
[Rule 33 amended: Gazette
14 December 1979 p. 3876.]