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.

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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 [2007] QCA 192.

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ID Code: 42466
Item Type: Journal Article
Refereed: Yes
Keywords: Property Law, Land Title Act 1994 (Qld) , proceeding
ISSN: 0312-1658
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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