Caveats - Limited extensions effectively unlimited

Jackson, Sheryl (1996) Caveats - Limited extensions effectively unlimited. Australian Property Law Journal, 4(3), pp. 259-264.


The decision of Young J in McCosker v Lovitt (1995) 12 BCL 146 paces an interpretation upon s 74J of the Real Property Act 1900 (NSW) likely to surprise the unwary respondent to proceedings in New South Wales involving an application for an order to extend a caveat. Further, the similarity in critical respects between s74J and the legislation relating to lapse and extension of caveats in some jurisdictions when contrasted with other lapse provisions suggests that a court order extending a caveat for a specified period only may have very different consequences in different jurisdictions.

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ID Code: 72806
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: caveats, application for order to extend caveat, lapse provisions
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
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
Current > Schools > School of Law
Deposited On: 15 Jun 2014 23:37
Last Modified: 15 Jun 2014 23:37

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