The requirement to 'Start a Proceeding' to prevent the lapse of a caveat
Dixon, William M. (2007) The requirement to 'Start a Proceeding' to prevent the lapse of a caveat. The Queensland Lawyer, 28(3), pp. 120-121.
Section 126 of the Land Title Act 1994 (Qld) regulates whether, and if so, when a caveat will lapse. While certain caveats will not lapse due to the operation of s 126(1), if a caveator does not wish a caveat to which the section applies to lapse, the caveator must start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat within the time limits specified in, and otherwise comply with the obligations imposed by, s 126(4).
The requirement, in s 126(4), to “start a proceeding” was the subject of judicial examination by the Court of Appeal (McMurdo P, Holmes JA and MacKenzie J) in Cousins Securities Pty Ltd v CEC Group Ltd  QCA 192.
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|Item Type:||Journal Article|
|Keywords:||Property Law, Land Title Act 1994 (Qld) , proceeding|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2007 Lawbook Company/Thomson Legal & Regulatory|
|Deposited On:||06 Jul 2011 22:22|
|Last Modified:||10 Jul 2011 02:57|
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